Brazil's top court rules in favour of Indigenous land rights trial

Indigenous communities in Brazil celebrated a significant victory as the country's Supreme Court ruled to uphold their land rights, dispelling the imminent threat of these protections being rolled back.

According to El Pais, the court had been examining a lawsuit brought by the state of Santa Catarina, with the backing of farmers, attempting to prevent an Indigenous group from expanding their territorial claim. Nearly all of the Supreme Court justices voted in favor of the Indigenous group, and this decision carries broad implications for Indigenous territories across the nation.

In the case presented to the court, Santa Catarina argued for a legal theory supported by opponents of further land allocations to Indigenous groups. They asserted that the date of Brazil's Constitution promulgation, October 5, 1988, should serve as the deadline for Indigenous peoples either to have physically occupied the land or to be legally engaged in efforts to reoccupy territory. They argued that this would offer legal certainty to landowners.

However, nine out of the court's 11 justices rejected this argument. Justice Luiz Fux, who cast the decisive vote establishing the majority, stated that areas occupied by Indigenous people and those tied to their heritage and traditions are constitutionally protected, even if they have not been officially demarcated.

It's noteworthy that the two justices who supported Santa Catarina's position were appointed by President Jair Bolsonaro, who has been a vocal opponent of expanding Indigenous territories and has advocated for the assimilation of Indigenous communities.