On 5 August, Brazil’s supreme court (STF) voted unanimously to maintain a ruling which orders that the federal government take further action to protect the country’s indigenous peoples from the coronavirus (Covid-19).
Analysis:
This is a remonstrance to the federal government led by President Jair Bolsonaro, whose widely criticised response to the coronavirus pandemic in general has been deemed particularly deficient where the country’s indigenous population is concerned. The ruling also sets an important judicial precedent for Brazil’s indigenous peoples, as it is the first time that a petition directly filed with the court by indigenous representatives, represented by an indigenous lawyer, has been accepted.
- STF Justice Luís Roberto Barroso had emitted a partial injunction on 8 July ordering that the government adopt certain measures to protect indigenous people from Covid-19, in response to a petition filed by the Articulação dos Povos Indígenas do Brasil (Apib) indigenous grouping, also signed by six opposition parties.
- The court began discussing the issue after it returned from recess on 3 August, and Barroso’s ruling was upheld by all nine magistrates yesterday. The court has notably established that the government must create a sanitary barrier to protect isolated indigenous communities, set up a committee to oversee its actions, and elaborate a protocol to remove illegal invaders from indigenous lands. This latter measure is deemed insufficient by indigenous representatives, who argue that illegal invaders should be removed immediately.
- Brazil’s indigenous people (who number around 900,000) are the segment of the population most threatened by the coronavirus, with their immunological vulnerability compounded by the presence of illegal loggers and miners on their land. According to Apib, there have been a total of 22,656 Covid-19 cases amongst 148 indigenous communities, including 639 deaths. Nationally, Brazil has recorded close to 2.9m cases and 97,256 deaths, according to the health ministry’s latest figures.
Looking Ahead: With the STF due to discuss and vote on a number of resolutions which, like this one, challenge the federal government’s actions and positions, this latest ruling could contribute to reviving tensions between Brazil’s highest court and the Bolsonaro executive.