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Brazil's Senate Fast-Tracks Approval of Constitutional Time Limit on Indigenous Land Claims

The measure now heads to the Chamber of Deputies with the Supreme Court set to hear related cases on Wednesday.

Overview

  • Senators used a special calendar to hold both rounds in one day, approving the urgency by 48–21 and the PEC by 54–14 in the first round and 52–15 in the second.
  • The text limits land recognition to areas occupied or under dispute on October 5, 1988, and bars expansion beyond already demarcated boundaries.
  • The proposal includes protections for private holders who prove good-faith possession or just title and requires prior market-value compensation by the Union if expropriation is needed.
  • The vote escalates tensions with the Supreme Court after its 2023 ruling against the time-limit thesis and follows recent friction tied to a decision by Minister Gilmar Mendes on impeachment procedures.
  • Indigenous organizations opposed the fast-tracking, threatened legal action, and reported being denied access to the Senate gallery during the session.