STF Resumes Ruling on Marco Temporal as Votes Remain Divided

Overview

• The Supreme Court resumed virtual consideration of embargos over Law 14.701/2023 on August 7 and the session is due to conclude on August 18 with the final outcome still unsettled.
• Relator Gilmar Mendes proposed a transition regime that includes a 180‑day deadline for public authorities to implement the ruling and broader criteria for indemnifying non‑indigenous occupants.
• Chief Justice Edson Fachin formally dissented in seven points, arguing some measures would recreate a new temporal cutoff, and he pressed for stronger protective rules for indigenous tenure and technical checks by Funai.
• Minister Cristiano Zanin rejected expanding payments for 'terra nua' and said indemnities should remain exceptional and tied to clear evidence of state errors in titling.
• Indigenous groups staged protests in Brasília and blockades in the states to press for demarcations while a Senate working group on mining and related bills continues to raise political pressure on the Court and Congress.