Soon after celebrating a historic victory before the Supreme Court in the Marco Temporal I case, which held that the date of promulgation of the Constitution could not be used as the mandatory date for the demarcation of indigenous lands, Brazilian indigenous peoples have to fight another (unfair) battle. This time, their lethal enemy is the Statute named the Law of Marco Temporal, which was approved through an expedited regime by the National Parliament, which ignores the prior decision of the Supreme Court, and which constitutes a textbook example of abusive legalism against indigenous minorities. The urgent question is: What will the Brazilian Supreme Court do with its own precedent from the Marco Temporal I case in the Marco Temporal II case against this new Statute?

[Coluna de autoria de Ranieri L. Resende]

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