Congress rejects presidential vetoes to Federal Law that establishes time limit requirement for indigenous lands demarcation
On December 14, the National Congress of Brazil overrode most of the presidential vetoes to Federal Law No. 14.701/2023 (the “Time Limit Act”), which regulates Article 231 of the Constitution to set guidelines for the recognition, demarcation, use and management of Indigenous lands. The Time Limit Act was initially published on October 20, 2023, but most of its articles had been vetoed by President Luiz Inácio Lula da Silva.
With the vetoes overridden, the Time Limit Act again includes several provisions introducing new guidelines to the process of demarcating Indigenous lands in Brazil. Its main innovation is the creation of a cut-off date to restrict Indigenous land claims, providing that only Indigenous lands occupied on October 5, 1988—the date the Constitution came into effect—may be demarcated by the Federal Government.
In addition, the Time Limit Act prohibits the expansion of already-demarcated Indigenous lands, and expands opportunities for third parties to intervene in demarcation processes, establishing that all interested parties have the right to participate in all stages of Indigenous lands demarcation processes, and that states and municipalities where the areas to be demarcated are located must participate in the demarcation procedures.
Finally, the Time Limit Act provides that, prior to the conclusion of the demarcation and indemnification process, limitations will not be imposed on third parties who own land in areas subject to demarcation. Indigenous land claims still in the process of demarcation must be adjusted to adapt to the Time Limit Act in order to be considered valid.
Despite the vetoes being overridden, it should be noted that, in a recent precedent, Brazil’s Supreme Court has rejected the time limit theses, negating the main innovation introduced by the Time Limit Act—the cut-off date to restrict Indigenous land claims. It is expected that the constitutionality of the Time Limit Act will be disputed soon.
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