8 Apr 21
Supreme Court reverses trial that nullified the demarcation of Indigenous Land Guyraroka
In a what was considered a victory by the Guarani Kaiowá people, the Supreme Court (STF) granted an appeal that seeks to reverse the annulment of the demarcation of the Guyraroka Indigenous Land (TI Guyraroka), in the state of Mato Grosso do Sul.
According to a note issued by the Indigenous Missionary Council (Cimi) on the decision, the case of the TI Guyraroka is emblematic in the struggle of indigenous peoples against the “Marco Temporal” [temporal landmark] – a thesis of the STF that hurts the indigenous right to land, by establishing that indigenous peoples would only have the right to the demarcation of the lands that they were already occupying on October 5,th 1988, the date on which the Brazilian Constitution was approved. In 2014, the demarcation of the Indigenous Land was annulled on the basis of the temporal landmark. Four years later, the Guarani Kaiowá people filed an appeal to annul the decision, whose trial was only resumed in March 2021 – the same trial that now received a favorable decision from the Court.