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Brazil’s Supreme Court Sets Dec. 5 Virtual Review of ‘Marco Temporal’ Law

The ruling will determine whether the congressional measure reinstating the 1988 cutoff for indigenous land claims remains constitutional.

Overview

  • The Supreme Federal Court scheduled a virtual plenary session to begin on December 5, with electronic voting open through December 15.
  • The timetable was set after rapporteur Gilmar Mendes released the cases for judgment.
  • Ministers are expected to rule on the final text approved by a special congressional commission that debated changes to the demarcation regime.
  • In September 2023, the Court had found the time-limit thesis unconstitutional.
  • President Luiz Inácio Lula da Silva vetoed the validating bill, but Congress overrode the veto in December 2023, prompting actions by PL, PP and Republicanos to uphold the law and counter-appeals by indigenous entities and pro-government parties.