What else can Brazil's Supreme Court take from indigenous peoples?

The Brazilian Supreme Court (STF) is facing renewed scrutiny over its handling of indigenous peoples' rights, particularly concerning their "original rights" to traditional lands. The court's approach has been characterized by delays and a perceived lack of courage, leading to a "constitutional pusillanimity" that contrasts with the urgency and predictability citizens and markets expect.

A central point of contention is the "temporal marco" thesis, which the STF initially imposed in 2009. This doctrine stipulated that indigenous peoples only held rights to lands they occupied on October 5, 1988. While the STF later recognized its error and overturned this thesis in 2023, the Senate swiftly passed a bill to reinstate the restriction, creating a congressional challenge to the court's authority.

Currently, the STF is deliberating on a new round of legal actions. The rapporteur of the case has unilaterally established a "special self-composition commission" to negotiate land rights, a procedure lacking legal basis. Critics argue this method transforms a fundamental right into a negotiable commodity, replacing jurisdiction with negotiation. This approach has been labeled an "innovation" in constitutional process, involving 23 negotiation sessions between 2024 and 2025.

Adding to the controversy, the commission reportedly lacked legitimate indigenous representation, as the primary rights holders were not present for negotiations. As the STF begins a virtual plenary decision on appeals related to this process, indigenous groups are making a final plea. They urge the court to consider compensation for land and the right of retention, and if the decision is unfavorable, to at least hold the final ruling in a physical plenary session, allowing them to witness and hear the proceedings directly.