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Brazil's Supreme Court Postpones Land Rights Trial, Sparking Protests by Indigenous Communities

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Geeta Pillai
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Indigenous Brazilians demonstrate in Brasilia June 7, 2023 against the 1988 time limit for recognizing certain Indigenous lands <br> Image Credit: Yahoo.com/Evaristo SA

Critical Trial Delayed as Demonstrators Rally for Indigenous Ancestral Land Rights

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In a move that has ignited protests across Brazil's capital, the Supreme Court has announced the postponement of a crucial trial concerning Indigenous ancestral land rights. Dubbed "the trial of the century" for the country's native peoples, the case holds the potential to revoke the protected status of several Indigenous lands, thereby paving the way for agribusiness and mining activities.

Agribusiness and Mining Interests Await Outcome as Indigenous People Gather in Brasilia

For the past week, hundreds of Indigenous individuals from various regions of Brazil have converged in Brasilia, camping in anticipation of the trial that was scheduled to commence on Wednesday. However, the proceedings were delayed when one of the judges requested additional time to review the case. The central question at hand is whether the government should recognize Indigenous lands as protected, even if the current inhabitants were not present when the country's constitution was adopted in 1988.
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Of the ten judges presiding over the case, three have already cast their votes. One judge favored the 1988 cut-off, aligning with the perspective against the native peoples, while two judges held the opposite opinion. With the postponement, the Supreme Court now has a period of 90 days to determine a new date for the trial to proceed.

High Court's Decision Could Impact Environmental Conservation Efforts and Indigenous Rights

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At the core of the matter lies the interpretation of the Brazilian constitution regarding the protection of Indigenous lands. The agribusiness lobby contends that these protections should only apply to lands inhabited by Indigenous communities in 1988. In contrast, Indigenous rights activists argue that the constitution does not impose any time limit and emphasize the historical displacement of native inhabitants from their ancestral territories.
The court's decision to defer the trial has taken an emotional toll on the Brazilian communities eagerly awaiting a resolution. Daniel Pataxo, a leader of the Pataxo people in northeastern Bahia state, expressed his frustration, stating that it constitutes a lack of respect for their humanity. Pataxo traveled to Brasilia for the trial and joined dozens of Indigenous individuals who had gathered outside the court. In solidarity with the cause, Indigenous people in at least three different states established roadblocks on Wednesday.
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Lower Chamber of Congress Passed Bill Favoring 1988 Time Limit

Notably, last week, the lower chamber of Congress passed a bill in favor of the 1988 time limit, dealing a blow to leftist President Luiz Inacio Lula da Silva, who had campaigned on protecting Indigenous rights. Presently, Brazil boasts nearly 800 Indigenous territories, yet approximately one-third of them have not received official recognition, according to the National Foundation of Indigenous Peoples (FUNAI).
Environmentalists argue that safeguarding Indigenous reservations is one of the most effective measures to combat the destruction of the Amazon rainforest, which serves as a critical resource in the global effort to mitigate climate change. The outcome of this trial carries significant implications for environmental conservation, Indigenous rights, and the delicate balance between economic development and sustainability in Brazil.
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