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Brazil's Senate Fast-Tracks Indigenous Land Cutoff Amendment as Supreme Court Takes Case to Plenary

The push to entrench the 1988 cutoff escalates a rare confrontation between Congress and the Supreme Court.

Overview

  • Senate President Davi Alcolumbre placed PEC 48/2023 on Tuesday’s agenda with a special calendar that could allow two rounds of voting on the same day.
  • The Supreme Federal Court will hold in-person oral arguments on Wednesday on challenges to Law 14.701/2023, with no minister votes expected at this session.
  • Law 14.701, approved in 2023 after Congress overturned President Lula’s veto, reinstated the 1988 cutoff for demarcating indigenous territories.
  • Indigenous organizations intensified opposition, with APIB asking the Court to suspend the law and COIAB denouncing the Senate proposal as the “PEC da Morte.”
  • The federal solicitor’s office submitted a transitional indemnification plan for Court validation, as a ruling on the law could affect more than 80 similar cases and over 300 demarcation processes.