In Brazil, indigenous people win historic victory before the Supreme Court
September 21, 2023 will remain a significant date for Brazil’s indigenous populations. Indeed, the Supreme Court rendered a crucial judgment in favor of their rights to their ancestral lands. This trial, which began in 2021, rejected the thesis of the “temporal framework” defended by the agro-business lobby, which aimed to recognize as lands legitimately belonging to indigenous people only those which they occupied or officially claimed in 1988, date of promulgation of the Constitution.
This decision by the Supreme Court is of paramount importance, particularly for the indigenous populations of the Amazon. Indeed, their lands are considered as bulwarks against deforestation and therefore play a crucial role in the fight against global warming. This victory is also a response to the threats and criminalization that these populations have suffered in recent years, particularly under the mandate of former President Jair Bolsonaro.
The move also constitutes a call to the current government, led by President Luiz Inacio Lula da Silva, to move forward with the process of demarcating indigenous lands. Indeed, many indigenous reserves are still awaiting registration, representing an ongoing struggle to protect the rights and lands of indigenous peoples.
The “temporal framework” thesis, which was rejected by the Supreme Court, would have had significant consequences on already demarcated indigenous lands. According to the NGO Socio-Environmental Institute (ISA), nearly a third of these reserves could have been affected by this thesis. The indigenous populations recalled that certain territories were no longer occupied by them in 1988 due to their expulsion, particularly during the military dictatorship.
The Supreme Court’s judgment, which sets jurisprudence, specifically concerns the Ibirama-Laklano territory in the state of Santa Catarina, which had lost its status as an indigenous reserve in 2009. The judges then justified their decision by affirming that these lands were not occupied by natives in 1988.
This victory represents a significant step forward for indigenous populations, but there are still unresolved questions, particularly regarding possible compensation for landowners whose land is converted into reserves in the future. The judges of the Supreme Court will have to find a consensus on this point.
Ultimately, this Supreme Court decision is a victory for Brazil’s indigenous populations. It recognizes their rights to their ancestral lands and strengthens their struggle for the preservation of the environment and the protection of their culture.. This is a strong signal sent to the government to continue working towards the demarcation of indigenous lands and social justice.