Overview
- Relator Gilmar Mendes voted on Friday to keep intact the Supreme Court's December 2025 acórdão that declared the marco temporal doctrine unconstitutional.
- Mendes rejected requests to suspend the ruling, saying a pause would risk legal uncertainty and impede implementation of the Court’s orders.
- His vote fixes the transition calendar by counting the 180‑day compliance clock from the December 23, 2025 ata, requires Funai to publish a list of demarcation requests within 60 days, and sets a 10‑year limit for administrative demarcation proceedings.
- The relator defined an indemnity regime that allows non‑indigenous occupants to retain land until the incontrovertible values for 'improvements' and 'bare land' are paid, and treats improvements made before the Justice Ministry’s declaratory portaria as made in good faith.
- Indigenous groups and allied parties say those indemnity and consultation clarifications create new obstacles to effective demarcation and plan further legal and political challenges while the virtual plenary — currently 1‑0 in Mendes’s favor — remains open until June 26.