Brazil:Raposa Serra do Sol faces Supreme Court Decision December 10, 2008

On December 10, 2008, the Brazilian Supreme Court convened for a second time to address Raposa Serra do Sol, an indigenous land in Northern Brazil. Eight of the eleven judges who sit on the Court ruled in favor of maintaining RSS as a continuous area, upholding presidential ratification of the area. One of the judges, however, asked for time to review the case, pushing a final decision off until 2009.

Although it was ratified by presidential decree on April 15, 2005, Raposa Serra do Sol (RSS) was challenged by the state government and a handful of violent and politically-connected rice-growers who remained in the area. They sought to annul the demarcation of the area as a continuous whole, instead creating smaller “islands” and carving out areas occupied by the rice-growers and others. Their challenges brought the case to the Supreme Court in August 2008. That day, the rapporteur on the case decided in favor of maintaining RSS as a continuous indigenous land. Another judge, however, asked to review the case, and a second hearing was scheduled for December 10.

On December 10, the Court met for a second time to decide on the case. The judge who had asked to review the case proffered his decision, which also went in favor of maintaining the area as a continuous territory. He listed 18 conditions, however, some of which would seem to restrict indigenous peoples’ rights. Six of the remaining judges seconded him, bringing the total votes in favor of maintaining RSS to eight out of eleven. Once again, however, a judge asked for more time to review the case. A final decision was therefore postponed until the Court reconvenes in February and can reschedule a hearing.

With eight of the judges having issued decisions in favor of maintaining RSS as a continuous area, the peoples of Raposa Serra do Sol have something to celebrate. Indeed, the mood outside of the courthouse in Brasilia was jubilant. While a final decision will be delayed for another few months, and some of the conditions cause concern, it looks like the main issue at stake – maintaining RSS as it was demarcated – will be resolved in favor of the indigenous peoples who call it home.

The Rainforest Foundation has worked with the peoples of RSS and their representative organization, the Indigenous Council of Roraima (CIR) for over ten years. We are in close contact, and will continue to post updates to this website as they become available.

More information (in Portuguese):

Indigenous Council of Roraima’s website: www.cir.org.br

Dossier of information on RSS: http://www.socioambiental.org/inst/esp/raposa/

Learn more about Raposa