Brazil’s indigenous people recently won a momentous legal battle to protect their land. After months of deliberations, the Supreme Court rejected the “temporal framework” thesis which only recognized lands occupied or officially claimed by indigenous people before the promulgation of the Brazilian Constitution in 1988.
The decision is a significant victory for indigenous peoples, particularly those in the Amazon, as their territories are considered essential to preserving the environment and combating climate change. Reserves allocated to indigenous people act as bulwarks against deforestation, which has a direct influence on the protection of the region’s unique ecosystems.
The victory before the Supreme Court is seen as a response to the attacks and criminalization suffered by indigenous populations in recent years. Indeed, under the tenure of former President Jair Bolsonaro, indigenous communities faced an unprecedented level of violence and discrimination. Indigenous rights advocates also hope the move will prompt the current government led by left-wing President Luiz Inacio Lula da Silva to speed up the process of demarcating indigenous lands.
The thesis of the “temporal framework” was defended by the powerful agro-business lobby in the name of “legal security” for farmers. According to this thesis, only lands occupied by indigenous people before 1988 should be allocated to them. However, indigenous people argue that many territories were taken from them, particularly during the period of military dictatorship (1964-1985), and that it is therefore unfair to limit their rights in this way.
During the trial, hundreds of indigenous demonstrators gathered in front of the Supreme Court to follow the proceedings on a giant screen. When the majority of judges ruled against the “time frame” thesis, shouts of joy and dancing broke out among the crowd. This decision represents a historic turning point for the rights of indigenous peoples in Brazil.
In addition to recognizing their right to their land, the Supreme Court must still rule on the question of possible compensation for landowners whose land will be converted into indigenous reserves in the future. This question remains unresolved and requires consensus among the judges.
This victory before the Supreme Court marks a significant step forward for Brazil’s indigenous peoples and is a crucial step in the recognition and protection of their rights to their ancestral lands. Hopefully, this will serve as a starting point for further advances in the defense of indigenous peoples and the preservation of the environment in Brazil.