Brazil's Supreme Court Rejects Time Frame Thesis, Securing Indigenous Land Rights

On September 21, Brazil's Supreme Federal Court (STF) rejected the Time Frame thesis by a majority vote, a landmark decision for Indigenous land rights. Nine justices—Edson Fachin, Alexandre de Moraes, Cristiano Zanin, Gilmar Mendes, Luís Roberto Barroso, Dias Toffoli, Luiz Fux, Rosa Weber, and Carmen Lúcia—ruled that Indigenous communities' right to land is not contingent on their occupation as of October 5, 1988, the date of the Federal Constitution's promulgation. Justices Nunes Marques and André Mendonça dissented. The ruling, which began in August 2021 and spanned 11 sessions, sets a precedent for at least 266 similar pending cases, according to the STF press office. The Time Frame thesis, now overturned, had argued that Indigenous peoples could only claim lands they occupied or disputed in 1988, threatening territorial integrity and environmental protection. The decision upholds the indigenato theory, which recognizes Indigenous land rights as predating the Brazilian state. Justice Fachin emphasized that territorial rights under Article 231 of the Constitution are fundamental for existence and dignity. The case originated from a repossession action by the Santa Catarina Environmental Institute (IMA) regarding the Sassafrás Biological Reserve, contested by the National Indian Foundation (Funai). Indigenous leaders nationwide mobilized in Brasília during the proceedings.