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Security & Strategic Review - November 2023
Brazil’s supreme court rules in favour of indigenous land rights
A controversial legal thesis known as the ‘time frame’ (‘marco temporal’) postulates that Brazil’s indigenous tribes can only lay claim to a territory if they can prove they had occupied that land as of 5 October 1988, the date the current constitution was promulgated. However, on 21 September Brazil’s supreme court (STF) deemed this thesis to be unconstitutional. The conclusion of this landmark case marks a major boost to indigenous land rights, but conservative parties in Brazil’s congress, with ties to the powerful agribusiness lobby, have pushed for legislation to impose further limits and regulations on the indigenous demarcations process.
- Brazil’s supreme court rules in favour of indigenous land rights
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