In Brazilian news, a major victory has been won by the country’s indigenous people. The Supreme Court rejected the “temporal framework” thesis defended by the agro-business lobby, which proposed recognizing as indigenous lands only those occupied or officially claimed before 1988, the date of the promulgation of the Constitution.
This decision is of capital importance, because the lands allocated to indigenous people play a crucial role in preserving the environment and the fight against global warming. Indigenous reserves are considered as bulwarks against deforestation, which makes them a major issue for the future of the Amazon and the entire planet.
This victory is also seen as a response to the anti-indigenous policies of the previous government of Jair Bolsonaro. Indigenous people have experienced a period of threats and criminalization in recent years, and this Supreme Court decision offers them new hope. They are now calling on President Luiz Inacio Lula da Silva, who returned to power in January, to move forward on the demarcation of indigenous lands.
The thesis of the “temporal framework” supported by the agro-business lobby aimed to restrict indigenous lands to only those plots occupied or claimed before 1988. However, indigenous people stressed that certain territories had been lost during the military dictatorship (1964 -1985) and that they could therefore not be taken into account in this temporal framework. Nearly a third of the indigenous reserves already demarcated could have been affected by this thesis, according to a Brazilian NGO.
The Supreme Court’s decision, which will set a precedent, was welcomed by indigenous populations and environmental defenders. The indigenous people have long fought for the recognition of their land rights, and this victory marks an important step in their fight. However, there remain unanswered questions, in particular on possible compensation for landowners whose land would be transformed into reserves in the future.
In conclusion, the Brazilian Supreme Court’s decision to reject the “time frame” thesis provides an important victory for the country’s indigenous peoples. It strengthens their right to their land and constitutes a further step towards preserving the environment and the fight against global warming. However, there is still work to be done to ensure the full protection of indigenous lands and the recognition of their rights.