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Supreme Court Opens Hearings on 'Marco Temporal' as Senate Fast-Tracks Amendment

The outcome could reshape indigenous land policy across dozens of lawsuits plus hundreds of pending demarcations.

Overview

  • On Wednesday, December 10, the Supreme Court will hear oral arguments on Law 14.701/2023 in the physical plenary without an immediate vote, with the next steps to be set by Justice Gilmar Mendes.
  • The Senate placed PEC 48/2023 on Tuesday’s agenda with a special calendar that could allow two rounds of voting in one day, seeking to insert the 1988 cutoff into the Constitution.
  • Senators are advancing the PEC led by sponsor Dr. Hiran and rapporteur Esperidião Amin in a move portrayed as a direct response to the Court’s 2023 stance and a recent monocratic decision by Gilmar Mendes.
  • The federal government opposes the 'marco temporal', after Lula’s earlier vetoes were overridden, and is working to block the PEC as the CNBB warns of a “gravíssimo” moment for indigenous rights.
  • The AGU submitted a transitional indemnification plan for disputes to the Court, while APIB seeks suspension of the law during the case and indigenous groups such as Coiab condemn the PEC as a threat to territories.