Brazilian Senate Passes Constitutional Time Limit on Indigenous Land Claims, Escalating Clash With Supreme Court

Overview

• Senators approved PEC 48/2023 in two rounds by 52–14 and 52–15 after adopting a special calendar in a 48–21 vote to fast-track the process.
• The proposal would restrict demarcations to lands occupied or under dispute on October 5, 1988, and includes provisions on compensation and indemnification in certain cases.
• Backers, led by author Sen. Dr. Hiran and rapporteur Sen. Esperidião Amin with agribusiness support, argued the change brings legal certainty and unlocks development.
• The Ministry of Indigenous Peoples and indigenous organizations condemned the vote as a violation of constitutional rights that heightens the risk of land conflicts.
• One day after the Senate action, the Supreme Federal Court begins oral arguments in four cases on the rule, all under Justice Gilmar Mendes, leaving the legal outcome unresolved as the text moves to the Chamber of Deputies.