Brazil is in the midst of a high-stakes battle over Indigenous land rights, centered on the controversial concept of the Marco Temporal, or “time frame” thesis. This legal theory would limit Indigenous territorial claims to lands physically occupied – or under legal dispute – on October 5, 1988, the date Brazil’s current Constitution came into force.

For Indigenous Peoples, this cutoff ignores centuries of forced displacement, particularly during the 1964-1985 dictatorship, and undermines constitutional guarantees that recognize their inherent rights to ancestral lands. For agribusiness and allied lawmakers, it promises “legal certainty” for farms, ranches, and infrastructure projects. Environmental groups warn that enforcing the Marco Temporal could accelerate deforestation in the Amazon and jeopardize biodiversity and climate goals.

In September 2023, Brazil’s Supreme Federal Court (STF) ruled 9-2 against the Marco Temporal, affirming that Indigenous rights are not bound by an arbitrary date. But within weeks, Congress – dominated by the agribusiness lobby – passed Law No. 14.701/2023 to enshrine the cutoff into law, directly defying the Court’s judgment.

President Luiz Inácio Lula da Silva partially vetoed the law, striking out its most harmful provisions, but lawmakers swiftly overturned the veto. The resulting legislation not only reinstated the 1988 time limit but also loosened restrictions on mining, agribusiness, and infrastructure projects in Indigenous territories.

The STF has yet to deliver a final ruling on the law’s constitutionality. Conciliation talks ended in June 2025 without agreement, leaving multiple constitutional challenges pending.

Throughout this dispute, Indigenous Peoples have mobilized nationwide. On the National Day of Indigenous Mobilization, June 9, 2025, protests were held in at least 13 states demanding the repeal of Law 14.701/2023 and the protection of land rights.

Among the leading voices is Alessandra Korap Munduruku, an RFK Human Rights Award and Goldman Environmental Prize laureate from the Tapajós River region. Known for defending her community from illegal mining, Alessandra has warned: “How many lives will be destroyed if this bill passes?” She has joined forces with prominent leaders like Chief Raoni Metuktire and Congresswoman Célia Xakriabá to link Indigenous survival with environmental preservation.

For Indigenous communities, the Marco Temporal is not just a constitutional dispute; it is a fight for cultural survival, environmental stewardship, and justice. The outcome will shape not only Brazil’s democratic commitment to its first peoples, but also the global fight against climate change.

As Alessandra Munduruku and other leaders continue to rally at home and abroad, one question remains: Will Brazil uphold its constitutional promise to Indigenous Peoples, or bow to political pressure from extractive industries?