Brazil's Supreme Court to hear arguments on indigenous land rights

Native people watch Brazil's Supreme Court trial of a landmark case on indigenous land rights at a screen in Brasilia, Brazil, September 1, 2021. REUTERS Adriano Machado Peregrino Machado, Reuter Adriano Machado and Co.

BRASILIA, sept. 1 Reuters - The Supreme Court of Brazil heard arguments for and against a cut-off date for land claims that indigenous people say are vital for their survival, while the government advocates for legal certainty for farmers in the agricultural powerhouse.

The Supreme Court said whether a state government applied an overly narrow interpretation of Indian rights by only recognizing tribal lands occupied by indigenous communities at the time Brazil's constitution was signed in 1988.

The case is expected to drag out for days and set a precedent that would affect hundreds of native land claims.

The Indigenous people chanted and danced outside the court as they anxiously watched the proceedings on an outdoor screen.

A lawyer for the largest indigenous umbrella organization APIB, Luiz Eloy Amado of the Terena people, said the rule was unconstitutional as there was no timeframe in the 1988 Constitution, which guaranteed the right to ancestral lands.

The land question is fundamental for Brazil's indigenous people, Amado told the court. He added that some 800 claims, a quarter of which are in the final stages of recognition, would be stalled if the 1988 deadline was not rejected by the court.

Protected indigenous lands offer a buffer against deforestation in Amazon. A defeat in court for the indigenous people would set a precedent for the rollback of tribal rights that far-right president Jair Bolsonaro has sought with the backing of powerful farming interests.

The government solicitor general, Bruno Bianco argued that the timeframe gave legal security to farmers, many of whom have lived on land once occupied by natives who were pushed out by the arrival of European settlers.

Bianco said the issue was best settled by Congress, where a bill which established the 1988 deadline as law has cleared a lower chamber committee. The court did not take a decision until legislators pass the bill, a strategy that was supported by Brazil's powerful farm lobby.

The court adjourned until Thursday, when 18 speakers will appear before the Justices start working on the issue.

Reporting by Sandra Maler, writing by Anthony Boadle; Editing by Ricardo Brito.