Brazil’s Supreme Court Solidifies Land Rights for Indigenous Communities, Sparks Elation

This Thursday marked a monumental victory for Indigenous communities in Brazil, as the nation’s Supreme Court affirmed their land ownership rights, effectively quelling concerns about the potential erosion of these protections.

The court was examining a legal case initiated by the state of Santa Catarina, supported by agricultural interests, which aimed to inhibit an Indigenous community from enlarging its territorial claims. The majority of the Supreme Court justices endorsed the rights of the Indigenous group, a decision that has wide-ranging ramifications for Indigenous territories throughout the country.

Upon hearing the decisive judgment, numerous Indigenous individuals adorned in traditional yellow feather headdresses and body paint rejoiced in Brazil’s capital, Brasília. Cameras flashed as they danced, sang, and leapt in jubilation. Some were seen wiping tears of happiness from their eyes.

Jéssica Nghe Mum Priprá, a member of the Xokleng-Laklano Indigenous community, stated, “The emotional impact is profound. This has been a long-awaited achievement. There’s no question that the spirit of our ancestors is with us today.”

In the legal argument put forth by Santa Catarina state, the focus was on a contentious legal theory that opposes additional land grants for Indigenous groups. According to this perspective, Indigenous land claims should be restricted to territories occupied or legally contested by these communities before October 5, 1988—the date the Brazilian Constitution was enacted. The proponents argued that this would offer legal clarity to landowners. However, this viewpoint was dismissed by nine out of the 11 justices on the bench.

Justice Luiz Fux, whose vote secured the majority opinion, asserted, “Territories inhabited by Indigenous communities, as well as lands tied to their heritage and traditions, are constitutionally safeguarded, irrespective of whether they have been formally designated.”

Interestingly, the only justices who supported the position of Santa Catarina were nominated by President Jair Bolsonaro, a vocal critic of enlarging Indigenous territories and an advocate for their assimilation into mainstream society.

Advocacy groups for Indigenous rights had contested the proposed deadline as inequitable, emphasizing that it overlooks the forced evictions and expulsions that Indigenous communities have suffered, particularly during Brazil’s military dictatorship era.

The non-profit organization Articulation of Indigenous Peoples of Brazil (Apib), asserted that the lawsuit jeopardized the status of hundreds of Indigenous lands across Brazil.

Indigenous representatives from diverse states and ethnic groups had congregated in and around Brasília in the months leading up to the high-stakes judgment. Francisco Cali Tzay, the U.N. Special Investigator on the Rights of Indigenous Peoples, had previously entreated the Brazilian Supreme Court to uphold Indigenous land rights, cautioning that ruling in favor of corporate interests could escalate conflicts and violence in critical regions like the Amazon.

While the Supreme Court’s verdict pertained to a single Indigenous group, it was granted “general repercussion” status, signifying that it will act as a precedent in all future legal matters concerning Indigenous communities. The ruling is expected to significantly influence pending administrative procedures and legislative actions, including a Congressional proposal to enact the same 1988 deadline for Indigenous land claims.

However, activists warn that challenges still loom, particularly legislation that could soften restrictions on mining, dam construction, and agricultural projects in Indigenous areas.

“We have secured a significant victory, yet the struggle is far from over,” said Dinamam Tuxá, executive coordinator of Apib, in the capital city of Brasília. “The fight for demarcation of Indigenous territories will continue, aimed at ensuring the enduring safeguarding of Indigenous rights.”

Under the current administration of President Luiz Inácio Lula da Silva, there has been a noticeable shift in focus toward addressing Indigenous issues, in contrast to his predecessor, Bolsonaro. President da Silva instituted the country’s inaugural Ministry of Indigenous Peoples, led by Indigenous woman Sonia Guajajara, and designated eight new Indigenous territories.

According to data from the Instituto Socioambiental, Indigenous lands make up nearly 14% of Brazil’s expansive territory. The procedure to officially recognize an Indigenous territory is a protracted process that can extend over many years.

Contributions to this report were made by Eduardo François, a journalist based in Brasília.

Frequently Asked Questions (FAQs) about Indigenous land rights in Brazil

More about Indigenous land rights in Brazil

• Brazil’s Constitution
• Instituto Socioambiental
• Articulation of Indigenous Peoples of Brazil (Apib)
• UN Special Rapporteur on the Rights of Indigenous Peoples
• Brazil Supreme Court Official Website