Supreme Court Stands Firm on Indigenous Land Rights in Brazil

Brazil's Supreme Court confirms protections for Indigenous land, countering Congress's attempts to limit reservations. This decision affirms Indigenous land rights as constitutional clauses, safeguarding them from legislative changes. The ongoing struggle reflects a broader clash between agribusiness interests and Indigenous communities over land claims and cultural preservation.

A majority of Brazil's Supreme Court has reinforced protections for Indigenous land rights, setting the stage for a standoff with Congress, which seeks to limit these protections. With six out of 10 justices in favor, the court ruled that Indigenous land rights are entrenched in the constitution and cannot be altered by lawmakers, as noted by former federal prosecutor Deborah Duprat.

The decision challenges a 2023 law passed by Congress that restricts the recognition of Indigenous lands to those occupied when the 1988 constitution was enacted. Despite attempts to amend the constitution to reflect this law, some justices argue that such amendments cannot undermine fundamental rights. Justice Flavio Dino emphasized the unamendable nature of these protections that safeguard Indigenous rights.

As tensions rise, the agricultural lobby defends landowners' rights, citing economic needs, while Indigenous groups highlight the historical injustices against Native cultures. The Supreme Court's decision, though favorable to Indigenous interests, allows landowners to use disputed lands until compensated by the government—a process expected to take years. Meanwhile, Indigenous advocates caution that increased legal challenges could escalate violence in their communities.

(With inputs from agencies.)