Brazil's Congress overrode the president's veto in December 2023 to write into law the 'marco temporal' land-rights thesis the Supreme Court had rejected weeks earlier.
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In September 2023, Brazil's Supreme Federal Tribunal (STF) rejected the 'marco temporal' thesis, under which Indigenous peoples could claim land only if they occupied it on October 5, 1988, in RE 1017365 (Tema 1031), a case involving the Xokleng people's territory in Santa Catarina. Congress then passed Bill 2903; President Lula partially vetoed it in October 2023, including the marco temporal provision. On December 14, 2023, a joint session of Congress overrode the vetoes (321-137 in the Chamber, 53-19 in the Senate, per Portal Amazonia), producing Law 14.701. Indigenous organizations and parties challenged the law at the STF, and in a December 2025 virtual session a majority of justices reaffirmed that the 1988 cutoff is unconstitutional, according to ConJur, while differing on other provisions of the law.
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- Supremo Tribunal Federal (official portal) — Supremo Tribunal Federal (official portal)Document
official court announcement of the 9-2 ruling
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- Portal Amazonia — Congresso derruba veto de Lula e mantem marco temporal; indigenas recorrem
Congress overrode Lula's vetoes on December 14, 2023: 53 senators and 321 deputies to override, 19 and 137 to maintain.
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