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Brazil's Supreme Court affirms Indigenous land rights in violation of Congress

The majority of the Brazilian Supreme Court on Wednesday reaffirmed Indigenous land rights protections, limiting attempts by Congress in order to limit recognition?of reservation. This ruling is likely to ignite tensions between the top court and legislators.

Six of Brazil's 10 Supreme Court Judges voted in favor of establishing Indigenous Land Rights as constitutional clauses that can never be removed by legislators, according to Deborah Duprat. She is a former federal prosecutor and has worked on Indigenous Rights issues for decades.

She added, "It is an important message for Congress."

Four Supreme Court Justices have yet to?give their opinion on the matter, but their votes do not block the majority's decision. Although the 1988 Brazilian constitution recognized Indigenous rights to ancestral territory, the process for demarcating these lands has taken decades. Indigenous advocates claim that hundreds of communities are still waiting for formal recognition. Many of them are entangled in violent disputes over land.

A powerful farm lobby, backed by a conservative majority in Congress, has been increasing its resistance to Indigenous land claimants over the past few years. In 2023, lawmakers passed a bill to limit the protections of Indigenous lands whose communities could not prove that they were occupying them when the constitution came into effect. Proponents claim that the cutoff date will protect landowners against claims they didn't know when they bought their property.

The Senate amended the constitution to align it with the law of 2023 as the Supreme Court was preparing to rule this month on the constitutionality of the law. This constitutional?amendment is expected to be passed by the lower house of Brazil’s Congress. Some Supreme Court justices have already argued, in their votes this week, that this section cannot be amended as it protects the fundamental rights. Justice Flavio Dino wrote that the legislative branch cannot suppress or reduce the rights of Indigenous peoples under any pretext. This would be a violation of the fundamental principles of democracy. (Reporting and editing by Gabriel Araujo and Brad Haynes; Paul Simao, Gabriel Araujo and Fernando Cardoso)

(source: Reuters)