Brazil's Supreme Court Delivers Landmark Victory for Indigenous Rights

By IndraStra Global News Team

Cover Image Attribute: Brazilian Xokleng Indigenous people react after a majority in Brazil's Supreme Court voted against the constitutionality of laws to limit the ability of Indigenous people to win protected status for ancestral lands, in Brasilia, Brazil, September 21, 2023. UESLEI MARCELINO / REUTERS

In a historic ruling, Brazil's highest court strikes down "marco temporal" argument, safeguarding Indigenous land rights.
Brazil's Supreme Court made a groundbreaking decision on Thursday, with nine out of eleven justices voting to reject the controversial "marco temporal" or "time frame" argument. This legal policy, which had gained support from businesses and farmers seeking access to Indigenous land, would have required Indigenous groups to prove their presence on disputed territories in 1988 when Brazil's current constitution was ratified to assert their right to the land.
The court's verdict comes at a crucial juncture as Brazil's Senate deliberates over legislation aimed at limiting the creation of new Indigenous reservations, known as Bill 490, with backing from the powerful agriculture lobby. The lower house of Congress had overwhelmingly approved the bill on May 30, leading to protests, including a highway blockade.
The "marco temporal" argument had faced intense criticism from Indigenous communities, human rights organizations, and even experts at the United Nations who warned that it could "legalize theft of Indigenous lands." The Supreme Court's decision is being hailed as a victory by these groups, many of whom celebrated on social media.
Survival International, a prominent human rights group, declared the ruling a "momentous victory after years of struggle." They took to the X platform to express their joy, stating, "The Indigenous peoples of Brazil and their allies around the world are celebrating a historic victory: the genocidal and catastrophic Time Limit Trick has been rejected by the Supreme Court!"
Celia Xakriaba, an activist and member of the Xakriaba people in Brazil, also shared her jubilation, writing, "A majority formed and the 'marco temporal' buried! Victory for Indigenous peoples!" She further noted that even Justice Gilmar Mendes, known for his controversial views, had come to understand the need to safeguard Indigenous rights and voted in favor of the majority.
Justice Mendes, who had previously defended a cutoff date for Indigenous land claims to prevent endless debates over territory, ultimately sided with the majority in Thursday's ruling.
The Supreme Court's decision has now cast a long shadow over the future of Bill 490, which seeks to curtail new Indigenous reservations and enjoys support from the agriculture lobby. The agricultural caucus in Congress has vehemently opposed the Supreme Court's decision and has announced its determination to push Bill 490 to passage.
Brazil is home to 1.6 million Indigenous people, according to the latest census, and ancestral lands are an integral part of their culture and livelihoods. However, as outlined in the majority opinion of the Supreme Court, many Indigenous communities have been forcibly displaced from their territories by settlers and business interests, underscoring the importance of safeguarding their land rights.
The case that led to this landmark ruling originated in the state of Santa Catarina, where members of the Xokleng people were pushed off their land by tobacco farmers. They appealed to the state government for assistance in reclaiming their territory, but their request was denied on the grounds that they were absent in the area in 1988.
The Supreme Court's decision is expected to have far-reaching implications for the protection of Indigenous land rights in Brazil and will likely shape the ongoing debate over Bill 490 in the Senate.

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