The Brazilian legal regime for the rights of indigenous and traditional peoples: monologues between courts

Based on comprehensive research of Brazilian Supreme Court (STF) jurisprudence, this paper reveals degrees of intertwinement between domestic and international standards related to the rights of indigenous and traditional peoples. All decisions issued by STF involving the rights of such peoples from the paradigmatic Raposa Serra do Sol case up to 2021 were analyzed, applying a methodology of judicial decision review. First, the paper outlines the legal profile of relevant decisions rendered by the tribunal in the last decade. It proceeds by comparing these case’s rationale to legal criteria set by the IACtHR. It is demonstrated how greater levels of embedment with international human rights law may contribute to greater protection of rights and to strengthening democracy. It concludes that even though the STF has been a source of resilience against increasing governmental setbacks in the human rights field, there are still sensitive matters that have been avoided by the tribunal.