Brazil - December 2023

Congress approved legislation that enshrines the “marco temporal” thesis, a controversial doctrine that restricts the claims that Indigenous Peoples can make to their lands, if these were not physically occupied by them in 1988. In doing so, it overrode a presidential veto by a wide majority. In September, Brazil’s Supreme Court had sided with the Indigenous Xokleng community in a case brought by Santa Catarina state, determining that the “marco temporal” thesis had no basis in the constitution. Activists worry that the entry into force of the law will make Indigenous territories susceptible to extractive activities and infrastructure works that will imperil the sustainability of their resources. They have further announced their intention to challenge the constitutionality of the law before the Supreme Court, expressing hope that the high court will maintain its previous precedent.

Sources: Deutche Welle, The Guardian, International IDEA