The Articulation of Indigenous Peoples of Brazil (APIB) sent an urgent alert to the UN and the Inter-American Commission on Human Rights (IACHR) in view of the resumption of decisive trials in the Federal Supreme Court (STF) this month. Furthermore, the “Our Territory, Our Life” mobilization, launched last week, promoted yesterday (11/8), on the Esplanada dos Ministérios, in Brasília, an act of protest against Congress' attacks on indigenous rights and the government's slowness in demarcating territories.
Indigenous people sue UN and IACHR against threats to rights in the STF
The Articulation of Indigenous Peoples of Brazil (APIB) sent an urgent alert to the UN and the Inter-American Commission on Human Rights (IACHR) in view of the resumption of decisive trials in the Federal Supreme Court (STF) this month....
At the center of APIB's complaint to the UN and the IACHR is the joint judgment of Topic 1,031 (general repercussion on Indigenous Territories) and appeals against Law No. The law established the time frame for the demarcation of Indigenous Lands (TIs), even after the STF declared the thesis unconstitutional.
- APIB argues that the Court's last decision on the time frame, taken in December 2025, established rules that make demarcation unfeasible, report Alma Preta Jornalismo and O Globo.
- Last Friday (7/8), the STF resumed the analysis of appeals relating to the rules for demarcating TIs and the right to compensation established by the previous decision.
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At the center of APIB's complaint to the UN and the IACHR is the joint judgment of Topic 1,031 (general repercussion on Indigenous Territories) and appeals against Law No. 14,701/2023 by the Court. The law established the time frame for the demarcation of Indigenous Lands (TIs), even after the STF declared the thesis unconstitutional. APIB argues that the Court's last decision on the time frame, taken in December 2025, established rules that make demarcation unfeasible, report Alma Preta Jornalismo and O Globo.
Last Friday (7/8), the STF resumed the analysis of appeals relating to the rules for demarcating TIs and the right to compensation established by the previous decision. Among them is the right of retention, which allows non-indigenous occupants to remain on the land until compensation is paid.
For APIB, making payment conditional on the vacating of territories could paralyze demarcations due to insufficient State budgets. Furthermore, the STF ruling equates indigenous repossessions with common possession invasions, allowing police removals and the punishment of communities with the loss of priority in the demarcation line.
The threat is immediate for the Pataxó and Pataxó Hã-Hã-Hãe, from Bahia, and the Guarani and Kaiowá, from Mato Grosso do Sul. These people already face legal interpretations in line with the Court's ruling to support orders for reintegration of possession to the detriment of the indigenous people.
"Indigenous Territories are an original right, recognized by the Constitution and prior to the State itself. The demarcation only identifies and protects this already existing right. APIB contacted the UN and the IACHR because the trial could void this guarantee in practice, create new barriers to demarcations and criminalize people who return to the territories from which they were expelled", reinforced Ricardo Terena, the organization's legal coordinator.