The Supreme Court in Brazil has struck down a land law that goes against the interests of indigenous communities in the Amazon region. In doing so, the judges are also taking a stand against the powerful agricultural lobby.
The Supreme Court in Brazil has strengthened the right of indigenous peoples to the designation of protected areas in a groundbreaking decision. With the vote of two more judges, a majority of seven of the eleven judges declared a regulation supported by the powerful agricultural lobby to be unconstitutional, which makes the expansion and allocation of indigenous protected areas more difficult.
The regulation stipulated that only land that was inhabited by indigenous people at the time of the promulgation of the current constitution in 1988 could be recognized as a protected area. Indigenous groups had argued that such a requirement violated their rights since many of their ancestors were expelled from their ancestral land during, among other things, the military dictatorship between 1964 and 1985.
“Unpayable debt” Brazilian Population
Before casting her vote, Judge Cármen Lúcia referred to the “priceless debt” of Brazilian society to indigenous peoples and noted that “there must be no regression in recognized rights.” Her fellow judge Luiz Fux emphasized: “These lands must be under the protection of the state.”
Numerous indigenous people celebrated the decision in front of the courthouse, as was seen on television. “I’m relieved that we’re getting our land back. We’ve been through a lot, I can’t describe what I feel,” said Jaciara Priprá from the Xokleng people.
Are landowners entitled to compensation?
Next week, the judges want to hear what this means for at least 226 cases in which private individuals or companies have illegally acquired indigenous land under the current law. Despite the Supreme Court’s current decision, landowners could be entitled to compensation if they are forced to return their property.
Experts see the protected areas as a bulwark against deforestation in the Amazon rainforest – and thus as an important contribution to the fight against climate change.