Aboriginal victory in a decisive trial for their lands

With our correspondent in Rio de Janeiro, Sarah Cozolino

“ It’s a day of celebration » Gwenya Wabichana, President of the Indigenous Peoples Foundation, announced after two years of debate on this issue.

According to the “time frame” thesis, indigenous lands can only be demarcated on lands they were officially occupying at the time of the promulgation of the Constitution in 1988. However, indigenous people report that some communities were expelled from their lands during the period of military dictatorship between 1964 and 1985.

“ It is about preserving the dignity of a people who have been destroyed and oppressed for five centuries “, said Judge Carmen Lucía. She voted not to set a date in the Brazilian Constitution.

On the other hand, the two concurring judges defended the agricultural trade thesis. Cassio Nunes Márquez and Andre Mendonça were appointed by Jair Bolsonaro. The former far-right president had promised to “ Do not give up another centimeter “For indigenous peoples.

The decision will affect approximately 300 ongoing demarcation processes.

There are still some points to be determined, such as the issue of compensation for non-citizens who currently occupy these lands.