Indigenous people in Brazil are celebrating after the country's Supreme Court ruled to enshrine their land rights
Indigenous people celebrated Thursday after Brazil’s Supreme Court ruled to enshrine their land rights, removing the imminent threat those protections could be rolled back.
In the case before the court, Santa Catarina state argued a legal theory being pushed 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 peoples to have already either physically occupied land or be legally fighting to reoccupy territory. They also claimed it would provide legal certainty for landholders.
The lawsuit put at risk the status of Brazil’s hundreds of Indigenous territories, said rights group Articulation of Indigenous Peoples of Brazil, known by the Portuguese acronym Apib. “Under the constitution, Indigenous peoples are entitled to the permanent possession of the lands they traditionally occupy,” Tzay said in a 2021 statement.
It thus applies to hundreds of administrative procedures and legislative initiatives that are in progress and is likely to torpedo a proposal in Congress to enact the same 1988 deadline.
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