Judge Luiz Fux on Thursday cast the decisive vote against the legal effort that tribal leaders said would have curbed their ability to reclaim traditional lands, while also increasing threats to their communities and the environment. Seven of the top court’s 11 justices had voted in prior sessions, with the count 5-2 against the new limits when the hearing resumed.
The case involved a legal interpretation of the section of Brazil’s 1988 constitution that established a right for Indigenous tribes to claim lands they traditionally occupied. The so-called Marco Temporal theory would have limited tribal claims to territories they were occupying or legally disputing on the day the constitution was ratified.
The years-long legal fight unfolded against a backdrop of intensifying disputes over Indigenous lands, especially under former President Jair Bolsonaro.
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