Brazil: Supreme Court gives victory to indigenous peoples in important judgment over their lands

The highest court of Brazil ruled this Thursday in favor of indigenous peoples in a crucial judgment on the future of their lands, most of which are located in Amazon and considered a barrier against logging.

With the vote of the last four judges, the Federal Court of Justice (STF) rejected the “term”, thesis defended by the powerful agricultural pressure group, which only recognizes indigenous rights over the territories they occupied in 1988, when the Constitution was promulgated.

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Of the total of 11 judges, nine decided against the thesis and two in favor in this trial that began in August 2021.

The magistrate Carmen Luciacontrary to the time frame, he pointed out that Brazilian society has a “unpayable debt”.

“There can be no setbacks to recognized rights, including those relating to traditionally occupied lands” he added.

He “term” threatened almost a third of the more than 700 indigenous reserves existing in Brazilaccording to the NGO Socioenvironmental Institute.

Approval guarantees these people the right to occupy the disputed lands, as well as the exclusive use of natural resources.

“Full stop”

As in previous sessions, hundreds of indigenous people mobilized in Brasilia follow what they defined as “the trial of the century”.

The protesters, several of them with body paint and colorful feather crowns on their heads, burst into screams and began dancing under a large tent in front of the STF headquarters after the judge Luiz Fux decided in favor of indigenous peoples, giving them the majority.

“Justice is on the side of indigenous peoples“, he told AFP Joenia Wapichanapresident of Funaigovernment entity for the defense of indigenous populations.

“It’s a day to celebrate the end of the period” he added.

The court must still decide whether to grant compensation to the owners of land, which would be transformed into reserves.

The STF, guardian of the Constitution, specifically evaluated a dispute over territory Ibirama-Laklanoin Santa Catarina (south), claimed by ethnic groups Xokleng, guarani It is Kaigang.

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In 2009, a first instance decision removed the territory’s reserve status, arguing that the communities did not live there in 1988.

“I’m very emotional because my grandfather fought so hard for this and he’s not here to see it.“, he said Txului Nambláa young Xokleng18 years old.

Debate in Congress

The STF’s verdict should set precedents in other similar cases in Brazil.

Indigenous communities rejected the time frame, arguing that many indigenous peoples were expelled from their ancestral territories throughout history, especially during the military dictatorship (1964-1985).

On the other hand, the thesis has the support of powerful representatives of agribusiness, who consider this limit necessary to provide “legal security” to large rural producers.

The two judges who voted in favor of this thesis were appointed by the former far-right president JairBolsonaro (2019-2022), an ally of agribusiness under whose government deforestation made a strong recovery.

The outcome of the trial was also closely monitored by environmental organizations.

Many scientists consider indigenous reserves, protected by the State, as barriers against logging and keys in the fight against global warming.

The court’s decision comes as Congress debates legislation that would validate a temporary limit on land approval. The Chamber of Deputies approved a bill to this effect and a Senate committee is expected to vote on it next week.

The left-wing president Luiz Inácio Lula da SilvaA declared defender of indigenous causes, he has so far ordered the demarcation of eight new reserves.

Bolsonaro, in turn, fulfilled his promise not to approve a “centimeter”of land during his administration.

The court’s decision is a “very important response to the scenario of threats and criminalization that we have experienced in the last four years“, he told AFP Kléber Karipunaexecutive director of Association of Indigenous Peoples of Brazil (APIB).

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But it is also an appeal to the Lula government to “advances in the demarcation of indigenous lands“added the 45-year-old leader.

According to data from Funai, reserves occupy 13.75% of the country’s territory.

In Brazil, around 1.7 million indigenous people live inside and outside reserves, out of 203 million inhabitants, according to the last census.

Source: Elcomercio

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I am Jack Morton and I work in 24 News Recorder. I mostly cover world news and I have also authored 24 news recorder. I find this work highly interesting and it allows me to keep up with current events happening around the world.