Brazil's Supreme Court overturns the "time frame" thesis for indigenous lands.

The Brazilian Supreme Court has recognized the unconstitutionality of the temporal framework for the demarcation of indigenous lands. The justices invalidated the understanding that indigenous people only have rights to lands that were in their possession on October 5, 1988, the date of the promulgation of the Federal Constitution, or that were under judicial dispute at the time. 

There was no consensus regarding points presented by rapporteur Gilmar Mendes as rules for compensation to rural producers who occupy properties that are recognized as indigenous lands.

Actions challenging a law approved by Congress in 2023 were being analyzed in the virtual plenary session.

Two years ago, the Supreme Federal Court (STF) had already declared the time frame unconstitutional. Furthermore, President Lula vetoed part of the law validated by the National Congress. However, parliamentarians overturned Lula's veto.

The issue resurfaced after the PL, PP, and Republican parties filed lawsuits to uphold the validity of the bill, recognizing the Temporal Framework thesis.

In parallel to the Supreme Court trial, the Federal Senate approved last week a proposal that incorporates into the Constitution the thesis of the temporal framework for the demarcation of indigenous lands.