In one of the most important cases involving the rights of indigenous peoples in Brazil, the Articulation of Indigenous Peoples of Brazil (Apib), the Socialism and Liberty Party (PSOL) and the Rede Sustentabilidade party are asking the Federal Supreme Court (STF) to declare the unconstitutionality of Law No. 14.701/2023, passed by National Congress on the time frame for the demarcation of indigenous lands. The discussion is taking place under the Direct Action of Unconstitutionality (ADI 7582).

One of the main issues brought by the law is that it restricts the right to demarcation exclusively to lands occupied by indigenous peoples on October 5, 1988, date on which the Federal Constitution was passed, ignoring the historical violations these populations have suffered.

The Apib and the parties claim that the STF, when judging Extraordinary Appeal (RE) 1017365, had already rejected the time frame thesis, which makes the new legislation an unacceptable step backwards for indigenous rights. Conectas, acting as amicus curiae with Comissão Arns, reinforces this claim.

The organizations argue that Law no. 14.701/2023 not only violates constitutional guidelines enshrined in the Federal Constitution and recognized by the STF – it also contradicts international human rights conventions ratified by Brazil. Conectas highlights that the institutionalization of the time frame thesis produces legal insecurity, intensifies land disputes, illegal invasions, and the rampant exploitation of natural resources, which directly affects the security and rights of indigenous peoples.

In the international sphere, the entities emphasize that the new legislation disrespects Convention 169 of the International Labor Organization (ILO), which ensures the right of prior consultation to the indigenous peoples on decisions that affect their land and way of life. Furthermore, it also challenges commitments undertaken by Brazil in the Paris Accord, threatening biodiversity and the fight against climate change.

Impact and risks of the legislation

For the plaintiffs in ADI no. 7,582, the passing of Law no. 14,701/2023 represents the largest step backwards in terms of indigenous rights since the redemocratization process in Brazil. According to them, the law not only increases violence against these populations, but also acts as a blight on society as a whole, since it intensifies environmental degradation and climate crisis. The greatest risk is that the Law will create nearly unsurmountable obstacles to the process of land demarcation, compromising the recognition of the indigenous peoples’ original right to the land.

The case of the time frame thesis, which is pending with other related actions (such as ADC 87 and ADIs 7,582, 7,583 and 7,586), is under processing at the STF. Rapporteur justice Gilmar Mendes adopted a consensual method for conflict resolution, establishing a special committee to attempt to reconcile the parties involved. The reconciliation sessions started on August 2024 and the works are expected to continue until December 18, 2024.

On September 2024, Apib withdrew from the panel because it understood that “any negotiation involving fundamental rights cannot be accepted”. After the withdrawal of the indigenous articulation, twelve human rights and socioenvironmental organizations reinforced their criticism on how the reconciliation panel is being conducted and the lack of clarity regarding the object under discussion.

If Law no. 14,701/2023 is maintained, the demarcation process of several Indigenous Lands may be compromised, which would represent a social setback that would be a loss not only for indigenous peoples, but all of Brazilian society. The preservation of indigenous lands is directly connected to the protection of the environment, and its loss may further aggravate the climate and ecological crises that already affect Brazil and the world.

Though the outcome still depends on how the negotiations take place, the fight against the time frame thesis continues to mobilize civil society and indigenous peoples’ organizations throughout Brazil.

Technical data:

  • Action: Direct Action of Unconstitutionality (ADI)
  • Instance: STF
  • Status: Pending trial
  • Processing:
  • 12/28/2023 – Filing of the complaint of ADI 7585
  • 01/10/2024 – Request to admit Conectas and partners as amici curiae
  • 04/22/2024 – Decision determining that the action should proceed with consensual dispute resolution means, establishing a reconciliation chamber for the interested parties
  • 08/05/2024 – The first session of the reconciliation chamber was held
  • 08/28/2024 – Date scheduled for the second hearing of the reconciliation panel