In Brazil, the courts rule in favor of indigenous peoples to protect their land

This week's ruling in Brazil is doubly symbolic. After years of rampant deforestation, it marks a determination to protect the Amazon rainforest as a green lung, while at the same time recognizing the role of indigenous peoples in the country's history. On Thursday, after more than two years of debate, the Supreme Court, with nine judges out of 11, ruled against the large landowners.

The latter had defended "legal security" for the protection of these lands through the "temporal framework" argument, which refers to the constitution promulgated in 1988: the latter recognizes as "ancestral", and therefore untouchable, the lands occupied at that time by the indigenous people. The text guarantees them "original rights to the lands they traditionally occupy, which must be demarcated and protected by the State".

Debate over the "time frame

However, the indigenous peoples simply rejected this "temporal framework", demanding that the protection measure be extended to cover more land than just the areas occupied by their people in 1988: indeed, throughout Brazil's history, indigenous people have been evicted from much larger areas of territory, notably during the military dictatorship (1964-1985), forcing them to settle elsewhere. For them, it was out of the question to stop at taking into account only these lands newly occupied in 1988.

Several regions are concerned: those of the Ibirama-Laklano lands, but also hundreds more, not counting the reserves created by President Lula last April. According to the NGO Institut Socio-Environnemental (ISA), nearly a third of the more than 700 indigenous reserves already demarcated in Brazil (the majority in the Amazon) have not yet been formally recognized.

In recent years, tensions have increased between companies wishing to exploit the resources of these lands and the indigenous peoples who inhabit them. Deforestation, mining and farming have threatened the survival of these communities, faced with this constant pressure, indigenous peoples have sought refuge in the Brazilian judicial system. Recently, a landmark verdict was handed down in their favor, recognizing their rights to their ancestral lands.

Political slap in the face

When the verdict was announced, indigenous activists erupted in cheers and dances. Hundreds of them, their bodies painted and their heads topped with feathers, gathered under a large tent in front of the Supreme Court to watch the proceedings on a giant screen.

This verdict has major implications for companies. They will now have to review their operating strategies and ensure that their activities do not infringe indigenous rights. Penalties for non-compliance can be severe, ranging from fines to complete closure of operations.For indigenous peoples, this legal victory represents more than just a verdict. It is a recognition of their rights and sovereignty over their lands. It is also a powerful message to the world that justice can triumph over commercial interests.

For large-scale farmers, on the other hand, it was a serious slap in the face. The latter, who considered the protection of some 13% of Brazilian territory for less than 1% of the population to be disproportionate, had to listen to the words of Judge Carmen Lucia, who underlined the "unpayable debt owed by Brazilian society to indigenous peoples".

For centuries, the indigenous peoples of Brazil have lived on ancestral lands, respecting nature and preserving age-old traditions. Their coexistence with the land is not only a way of life, but also a philosophy that transcends generations.

The Supreme Court's decision thus appears to be a green light for President Lula, at a time when the homologation of hundreds of the country's reserves has been at a standstill for five years and the election of his predecessor Jair Bolsonaro. And, since Bolsonaro had also appointed the only two judges on the Court who voted to maintain this "temporal framework", it also turns the page on an environmental policy under which deforestation had reached unprecedented levels.