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Brazil high court grants disputed land to indigenous peoples

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The Brazilian Supreme Court on Thursday confirmed the rights of indigenous peoples to land on the Raposa Serra do Sol reservation and set out 19 rules to guide court in similar cases in the future. The 10 to 1 ruling will permit the expulsion of the 200 rice farmers currently living and working on the Raposa Serra do Sol reservation, created in 2005 by the Brazilian government. The rules set out by the court include prohibiting those outside the indigenous communities from hunting, fishing, gathering, or practicing agriculture on the land and granting exclusive use of natural resources to members of the tribal groups. The rules are expected to be binding on any future legal case involving the use of indigenous lands, which cover 12% of Brazil. In December, the Supreme Court indicated that they would rule in favor of the indigenous peoples, but gave no official ruling. At the time, eight of the eleven judges voted in favor of indigenous peoples, but one requested more time to deliberate. Because of the high likelihood of victory, indigenous peoples began celebrating immediately.

Full post as published by JURIST - The Paper Chase on March 20, 2009 (boomark / email).