Brazilian court rules on land rights
Indigenous people celebrated on Thursday after the Brazilian Supreme Court ruled to enshrine their land rights, removing an imminent threat that the protections could be rolled back.
The justices had been evaluating a lawsuit brought by Santa Catarina State, backed by farmers, seeking to block an indigenous group from expanding the size of its territorial claim.
Nearly all of the justices voted to support the indigenous group, which has far-reaching implications for territories nationwide.
Dozens of indigenous people in traditional yellow feather headdresses and body paint danced, sang and jumped around in front of a multitude of flashing cameras in the capital, Brasilia, after the decisive vote was cast.
Some wiped away tears of joy. “I’m shaking. It took a while, but we did it. It’s a very beautiful and strong feeling. Our ancestors are present — no doubt about it,” said Jessica Nghe Mum Pripra, who is from the Xokleng-Laklano group.
Santa Catarina State argued a legal theory held by opponents of further land allocations for indigenous groups.
It said that the date Brazil’s constitution was promulgated — Oct. 5, 1988 — should be the deadline for when indigenous people would have had to have already either physically occupied land or engaged in a legal process to reoccupy territory.
The state said that the theory would provide legal certainty for landholders.
Nine of the court’s 11 justices rejected that argument.
“Areas occupied by indigenous people, and areas that are linked to the ancestry and tradition of indigenous peoples have constitutional protection, even if they are not demarcated,” said Justice Luiz Fux, who cast the vote that established the majority.
Indigenous rights groups told the court that the concept of the deadline was unfair, saying it does not account for expulsions and forced displacements of indigenous populations, particularly during Brazil’s two-decade military dictatorship.
The lawsuit put at risk the status of Brazil’s hundreds of indigenous territories, the Articulation of Indigenous Peoples of Brazil rights group said.
Large groups of indigenous people had gathered in and around Brasilia in the past few months during the court’s deliberations.
UN Human Rights Council Special Rapporteur on the Rights of Indigenous Peoples Francisco Cali Tzay had urged the court to protect indigenous lands.
“Under the constitution, indigenous peoples are entitled to the permanent possession of the lands they traditionally occupy,” Tzay said in a 2021 statement.
He said a ruling in favor of business interests “could legitimize violence against indigenous peoples and inflame conflicts in the Amazon rainforest and other areas.”
Although the case involved only one indigenous group, the court gave it “general repercussion” status, meaning the ruling will serve as a precedent for all instances of justice involving indigenous groups.
The ruling is expected to apply to hundreds of administrative procedures and legislative initiatives that are in progress and is likely to torpedo a proposal in the Brazilian Congress to enact the same 1988 deadline.