By VINÍCIO CARRILHO MARTINEZ*
The original right to land consecrated by the culture that constituted us all only recognizes the Nomos of the Earth. There is no law outside of this, nor artificial intelligence permissive to anyone who tries to deny the obvious
This text should just be called Temporal Framework – the same one that has a PL (Bill) in progress and which will be resumed today, August 30th, in the plenary session of the Federal Supreme Court (STF).
Well, it is in the hope that the house of the law of laws fulfills its most sacred mission, to safeguard the Federal Constitution of 1988 (CF88), that we write this note; However, already anticipating that the fight will not be easy, we need to remain “attentive and strong”.
So, from now on and always, let us wait and fight so that the Temporal Framework is targeted by common sense and no longer torments us with another threat of moral/social, civilizational and denialist regression.
In the “fighting of the eggs”, the Temporal Framework will attack the fundamental rights of indigenous peoples and the territoriality that they have already acquired over long and immense struggles, removing them from their homes. It seeks to deconstruct all indigenous and quilombola demarcations that were consented to/achieved after 1988 – the year of enactment of the 1988 Federal Constitution.[I]
Which, in itself, is already an aberration (aberration in legis), because it is an absurd, immoral affront to constitutional logic, especially because the citizen Constitution cannot be a guide to evil, being invoked as a “time frame” demoralizing assumptions, principles, rights and constitutional guarantees.
The authors of the Temporal Framework invoke the need for “regulation” (denaturalization, invalidation) of article 231 of the 1988 Political Charter. Let us read the constitutional text:
Art. 231. The Indians are recognized for their social organization, customs, languages, beliefs and traditions, and the original rights over the lands they traditionally occupy, with the Union being responsible for demarcating them, protecting and ensuring respect for all their assets.
§ 1 The lands traditionally occupied by Indians are those inhabited by them permanently, those used for their productive activities, those essential to the preservation of environmental resources necessary for their well-being and those necessary for their physical and cultural reproduction, according to their uses, costumes and traditions.
§ 2 The lands traditionally occupied by the Indians are intended for their permanent possession, with them having exclusive use of the riches of the soil, rivers and lakes existing therein.
§ 3 The use of water resources, including energy potential, research and mining of mineral wealth in indigenous lands can only be carried out with authorization from the National Congress, after hearing the affected communities, with them being assured of participation in the results of the mining, in form of law.
§ 4 The lands dealt with in this article are inalienable and unavailable, and the rights over them are imprescriptible.
§ 5 The removal of indigenous groups from their lands is prohibited, except, ad referendum of the National Congress, in the event of a catastrophe or epidemic that puts their population at risk, or in the interest of the country's sovereignty, after deliberation by the National Congress, guaranteed, in any case, immediate return as soon as the risk ceases.
§ 6 Acts that have as their object the occupation, dominion and possession of the lands referred to in this article, or the exploitation of the natural riches of the soil, rivers and lakes therein are null and void and do not produce legal effects. existing, subject to relevant public interest of the Union, according to the provisions of the complementary law, not generating the nullity and extinction of the right to compensation or actions against the Union, except, in the form of the law, regarding improvements derived from occupation in good faith .[ii]
Let us emphasize that the concept of Indigenato means ensuring indigenous peoples the right to land as an original right, prior to the formation of the State, law and the mixed national society itself. In this sense, it would be – more than a fundamental right – a real original right, permeated by the humus of secular history and law as the source and origin of the tone of life.
The original right to the land sacred to the culture that constituted us all only recognizes the Nomos of the Earth. There is no law outside of this, nor artificial intelligence permissive to anyone who tries to deny the obvious. The rights of original peoples correspond to their “vital space” – and ours.
There seems to be no confusion as to the Portuguese of what we recorded above and in the citation of article 231 of the Federal Constitution of 1988: there should be no misunderstanding as to its understanding; there could be no pretense as to the solemn understanding of the rights guaranteed therein, as an ironclad clause of the Nomos da Terra.
Please read again: “The lands referred to in this article are inalienable and unavailable, and the rights over them are imprescriptible” (article 231, § 4, of the 1988 Federal Constitution). After all, the coup plotters of the Constitution are also detractors of the native language.
Precisely because of constitutional distortion, the proposal to register constitutional interpretation embedded in the Temporal Framework is surrounded by strong constitutional distortion, a true constitutional transmutation – notably because it uses a rosy type of interpretation for the purposes of distorting the Constitution.
They treat the 1988 law as if it were a Frankenstein, an undead monster in which the arms mutilate the legs and the legs kick the head, as if the preamble were the first target of an absent brain.
O caput, the spirit of the Constitution, of our 1988 political charter, cannot be attacked by petty interests, destructive of the environment, national culture, peoples and ethnicities that are the true creators of this country.
The ancestors of the “pale faces” who propose the Temporal Frame already found the original peoples when they arrived here. Many of these pale faces have already come with the intention of booty, of looting, with the desire to get rich quick, with the trigger pointed at death – and this could never be legitimized, just as it cannot be legalized.
When Ulysses Guimarães declared that “a traitor to the Constitution is a traitor to the country”, he did nothing more than draw our attention to the most important thing: the defense of the 1988 Federal Constitution, our fundamental rights and guarantees.
That on the day of the final judgment of Marco Temporal, the traitors to the Constitution and the Brazilian people will be washed/taken away from here by an immense civilizing storm.[iii] That they have the decency to understand and respect at least what is written in the 1998 Federal Constitution.
Furthermore, to the denialist jurisconsults, it is said: remember the principle of constitutional unity and the principle of non-moral/social regression – that is, if their meager education allows them to remember the noble principles of general law.
In conclusion: the title of the text invokes the occurrence of a great storm, and that rains of logic, public morality and decency in the face of original peoples will fall upon us.
May the thunder bring the original totem, may it lead this immense appeal for “original life”, and may we surrender to the right of conscience – that same right that guarantees us to interpret with validity what we read (see or hear), so that we never let us submit to the distortions of those who are always motivated and interested in scams and sabotage.
*Vinicio Carrilho Martinez He is a professor at the Department of Education at UFSCar.
Notes
[I] “The thesis opposed to the temporal framework is that of the “indigenous”. The Indigenous Missionary Council (CIMI) explains that indigenato is a legislative tradition which understands that indigenous peoples have the right to land as an original right, prior to the formation of the State itself.” Cf. https://www.fundobrasil.org.br/blog/entenda-o-marco-temporal-e-como-ele-afeta-os-direitos-dos-povos-indigenas/?gclid=Cj0KCQjw6KunBhDxARIsAKFUGs8luYE3DUE25YmFCJm1OvL95j5gitz2spLVIkh62w3FpE2iuUdVUmsaAp8wEALw_wcB.
[ii] § 7 The provisions of art do not apply to indigenous lands. 174, § 3 and § 4.
[iii] Article 215 of CF88: “§ 1 The State will protect the manifestations of popular, indigenous and Afro-Brazilian cultures, and those of other groups participating in the national civilizing process”.
the earth is round exists thanks to our readers and supporters.
Help us keep this idea going.
CONTRIBUTE
