BRAZIL Trends and Developments Contributed by: Thaís Vasconcellos de Sá and Ana Julia Grein Moniz de Aragão, Bermudes Advogados
duct, particularly in cases involving deforestation and cumulative ecological impacts. The “Marco Temporal” and the STF’s Ongoing Mediation The demarcation of Indigenous lands remains one of the most debated issues in Brazilian constitutional and environmental law. The controversy centres on the so-called marco temporal (timeframe rule), which limits Indigenous territorial rights to lands that were occupied or under dispute on the date of the 1988 Constitution. The matter was recently revisited by the Supreme Federal Court (STF) in Theme No 1,031 (RE 1,017,365), in which the Court ruled that Indigenous territorial rights are original and pre-constitutional, and therefore not subject to temporal limits. However, shortly after the judgment, Congress enact- ed Law No 14,701/2023, reinstating the timeframe rule that the STF had rejected. The law limits Indig- enous land claims to areas occupied in October 1988, except in cases of continuous dispute, and softens requirements for certain military and strategic pro- jects. Although several provisions were vetoed by the Executive, Congress later restored them, keeping the law in force and triggering new constitutional chal- lenges. In 2024, the STF suspended all cases challenging the law and created a Special Conciliation Commission to align the statute with Theme 1,031. After several ses- sions, the Commission drafted a proposal maintaining the timeframe rule but adding free, prior and informed consultation, clearer demarcation procedures, and compensation rules for non-Indigenous occupants. The draft also allows economic partnerships within Indigenous territories and recognises collective own- ership.
The proposal remains controversial for preserving the timeframe limitation and exceptions to prior consulta- tion, which may conflict with ILO Convention No 169. The case now awaits further action by the STF, which may soon submit the matter to the full Court for a final constitutional review. Conclusion The measures discussed above build on Brazil’s already well-established environmental and climate framework, as outlined in the Brazil Law & Practice chapter in the guide. In complement, this discussion highlights the most relevant developments of 2025, which fill important regulatory and policy gaps and reflect the country’s current priorities in environmental and climate governance. The past few years, culminating in 2025, have seen a wave of new laws and public policies aimed at envi- ronmental protection and, above all, at tackling climate change. Much of this momentum has been driven by Brazil’s role as host of COP30, which has reinforced the government’s commitment to international climate goals and accelerated domestic regulatory initiatives. The key question now is whether this political and institutional drive will translate into consistent imple- mentation and enforcement in the years ahead.
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