The indigenous peoples of Brazil won a historic victory on September 21 before the Supreme Court. After a long trial that began in 2021, the country’s highest court confirmed their right to their land, thus rejecting the positions of the powerful agro-business lobby.
This decision is of capital importance, because the reserves allocated to indigenous people are essential in the fight against deforestation and global warming. They are considered natural ramparts against the destruction of the Amazon.
The Supreme Court’s verdict is also a response to the threats and criminalization that indigenous peoples have suffered in recent years, notably under the mandate of former President Jair Bolsonaro. But it is also a call to the current government, led by Luiz Inacio Lula da Silva, to continue the process of demarcating indigenous lands.
The trial, which focused on the “time frame” thesis, aroused keen interest among indigenous peoples. Hundreds of demonstrators followed the proceedings before the Supreme Court, expressing their joy when the majority of judges voted against this thesis. The “temporal framework” proposed to recognize as lands rightfully belonging to indigenous people only those which they occupied or officially claimed in 1988, at the time of the promulgation of the Constitution. However, the indigenous peoples explained that certain lands were then under the control of agricultural operations, because they had been expelled, particularly during the period of the military dictatorship.
This decision by the Supreme Court calls into question the agro-business’s attempts to preserve the “legal security” of operators to the detriment of the rights of indigenous people. It highlights the unpaid debt of Brazilian society towards indigenous peoples, as highlighted by Judge Carmen Lucia. Joenia Wapichana, president of Funai (the public body for the protection of indigenous people), was delighted to see that justice was on the side of indigenous peoples and expressed the hope that this decision would help protect their lands and their rights .
Former President Jair Bolsonaro’s support for the “time frame” thesis is not surprising, having faced strong criticism for his lax environmental policies and tolerance of deforestation. Under his mandate, the approval of new reserves was suspended for more than five years, until Lula’s return to power. Since his accession to the presidency, Lula has already legalized six new reserves in April, then two others in September. However, of the 700 reserves already demarcated in Brazil, almost a third have not yet been officially approved.
This Supreme Court verdict will undoubtedly have significant repercussions on the recognition of the rights of indigenous peoples in Brazil. This is a major step forward for the protection of the environment and the preservation of indigenous cultures. Hopefully this decision encourages the Brazilian government to continue its efforts in the demarcation of indigenous lands and to take concrete measures to preserve the diversity and richness of these ancestral communities.