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Brazil’s Supreme Court Sets In-Person Hearing on Indigenous Land Time-Frame Law for Dec. 10

The session follows requests from indigenous groups for an in-person hearing.

Overview

  • The Dec. 10 sitting will be limited to the case report and oral arguments, and no ministers’ vote will occur that day.
  • Relator Gilmar Mendes moved the case off the virtual docket to the physical plenary in response to appeals from indigenous advocates.
  • The dispute centers on a 2023 statute reviving the time-frame rule after the court deemed the doctrine unconstitutional and Congress overturned President Lula’s veto.
  • A conciliation effort with 23 hearings closed in June with limited consensus, leaving the court to address procedures and compensation for good-faith occupants, including proposals to handle indemnities outside fiscal limits via negotiable precatórios.
  • Indigenous organizations welcomed the in-person start but press for full invalidation of the law and a wholly physical trial, while the vote date remains unset and a final ruling is likely to extend into 2026.