Temporal Framework: Defence points out impacts of STF draft bill on sovereignty and security
01 de April de 2025
By Ana Cláudia Leocádio – From Cenarium
BRASÍLIA (DF) – The Ministry of Defence points out that several provisions of the draft Complementary Law, drawn up by the office of Supreme Federal Court (STF) Minister Gilmar Mendes, regarding the “Temporal Framework Law”, “directly impact the actions and employment of the Armed Forces, potentially having direct repercussions on national defence, security, and sovereignty.”
This conclusion is part of an analysis conducted by the Ministry regarding Declaratory Action of Constitutionality 87 (ADC 87) “and possible implications for the Armed Forces of the draft Complementary Law bill, which regulates Article 231 of the Federal Constitution, as well as Article 49, Clause XVI, Article 109, Clause XI, and Article 176, §1, of the Federal Constitution.”
The draft bill was presented by Minister Gilmar Mendes’ office as an alternative to Law 14.701/2023, the Temporal Framework Law, within the scope of the proceedings that analyse its constitutionality (ADO 87), unconstitutionality (ADI 7582, 7583, and 7586), and unconstitutionality due to omission (ADO 86). This law defines the promulgation date of the Federal Constitution, in October 1988, as the deadline for requesting the demarcation of indigenous lands. Mendes has already stated that the objective is to replace the current legislation with another that represents a consensus between indigenous and non-indigenous interests.
In the document signed by the Chief of Staff of the Joint Chiefs of Staff of the Armed Forces, Admiral André Luiz de Andrade Felix, on 27 March, the Ministry of Defence addresses four themes that, according to the analysis of its legal team, impact the actions of the Armed Forces.
The threats are contained in Articles 4, 5, 6, 14, 16, 19, 20, 21, 23, 24, 40, 81, 86, 87, and 88, according to the document. In total, four sensitive topics were observed by the military, along with a series of suggestions for amendments or suppressions. On Wednesday, the 2nd, the STF’s Temporal Framework Conciliation Commission will resume discussions on the provisions of the draft bill until a consensus is reached to present it to the National Congress.
The first analysis concerns Article 16 of the draft, which, in the view of the Armed Forces, presents an extensive list of public areas belonging to the Union that could become indigenous territories, potentially leading to the expansion of those already demarcated.
Indigenous lands and the demarcation process
For the military, the consequences of this provision “exceed the limits of the competence of the Federal Executive Branch, involving issues related, among others, to National Defence, requiring thorough analysis to prevent the compromise of national interests and sovereignty.”
Among the suggestions is the requirement to consult the National Defence Council (CDN) as a prerequisite for the demarcation of indigenous lands. “In the event of overlap and/or any repercussions of the areas subject to the demarcation process on areas under military administration, the Force Commands should be consulted in advance to assess their strategic interest and the possible impacts that the demarcation might have on national interests and sovereignty,” they recommend.
Land use and defence interests
The analysis also highlights issues in Chapter III, which addresses the use and management of indigenous lands (Articles 19, 20, 21, and 23), particularly due to the expression “when there is no technical and locational alternative, the following activities,” which, according to the document, “may restrict or limit, in a determining manner, the constitutional mission of the Armed Forces.”
For the military, as it stands, the text could cause “harm to significant public interests of the Union in security and national defence activities.” Four suggestions are made to align the proposed legislation with the interests of the Armed Forces, including the removal of the condition in Article 21 and the inclusion of the terms “defence” and “military and police units” in Article 23 to explicitly clarify that this measure relates to infrastructure, as it is deemed essential for the exercise of the Armed Forces’ duties.
Mining in indigenous lands
The third analysis concerns the section of the draft bill that addresses the administrative process and specific conditions for conducting research and mining in indigenous lands. Although this section was removed from the draft bill, it will be discussed under ADO 86, as determined by Minister Gilmar Mendes.
For the Armed Forces, “the establishment of business-oriented economic activities in indigenous lands, especially in border zones, presents a vulnerability vector that could be exploited by transnational threats,” consequently affecting national defence and security.
The analysis suggests, among other points, including “more detailed and strict provisions regarding the alignment of the regulation with Law No. 6.634/1979, particularly concerning restrictions on activities in border zones and the provisions of Article 3 of said Law, to mitigate risks to national security and defence.” It also requests that the National Defence Council be consulted if the indigenous land is located in an area deemed essential to territorial defence and security or within a border zone.
Border zone
The document concludes with an examination of the implications of Articles 81, 86, 87, and 88 of the draft bill, which address the provision for the employment of the Armed Forces in the border zone. According to the military’s legal assessment, this expands upon what is established in Article 16-A of Complementary Law No. 97/1999, which deals exclusively with this matter.
Similarly, the military points out that this same law already adequately regulates “tasks related to drug trafficking repression and other illicit activities.” The document also highlights the responsibilities of the Ministry of Indigenous Peoples (MPI), which is responsible for coordinating with other bodies to ensure the security of indigenous lands, and reiterates the role of the Indigenous Health Secretariat (Sesai) in providing healthcare to indigenous communities.
“The assignment of responsibilities to the Armed Forces that alter the subsidiary, complementary, and occasional nature of their role in public security directly impacts the Armed Forces, particularly the operations of the Brazilian Army,” observes the Ministry of Defence.
Four suggestions were submitted in an attempt to resolve the inconsistencies identified by the Armed Forces that affect their operations, as well as those of national security forces regarding indigenous peoples, whose roles are defined in Article 144 of the Federal Constitution.
“In this regard, and considering that indigenous rights are of interest to the Union, it is within the competence of the Federal Police to direct, plan, coordinate, control, execute, and evaluate activities for the prevention and repression of criminal offences against indigenous peoples and traditional communities, in accordance with Articles 43 to 47 of Decree No. 11.348/2023,” the document reinforces.