[REVISION HISTORY]

Brazil Supreme Court Indigenous and environmental disputes

Updated 11 times since CLSTR started tracking revisions of this situation.

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2026-08-26 00:35 UTC → 2026-09-03 18:42 UTC · added ~~removed~~

In August 2026, the Supreme Federal Court (STF) continued addressing high-profile legal disputes regarding Indigenous land rights and environmental policy. The Court reaffirmed the unconstitutionality of the “marco temporal” (time limit) thesis, though it extended the deadline for completing land demarcations to ten years, citing chronic under-funding of FUNAI. Regarding reparations, a federal agreement moved forward to purchase approximately 3,000 hectares of land for Avá-Guarani communities as compensation for the impacts of the Itaipu hydroelectric dam. This R$240 million plan includes the Tekoha Guasu Guavirá, Tekoha Guasu Ocoy, and Jacutinga territories. Environmental regulations remain a central conflict. The Defensoria Pública da União (DPU) has challenged new environmental licensing laws at the STF, arguing they weaken constitutional protections and increase risks to Indigenous and traditional communities. These laws were passed after Congress overturned several presidential vetoes. On 13 August, the STF established a 24-month deadline for Congress to regulate mineral exploitation on Indigenous territories, following a case by the Cinta Larga people. Interim rules for the Cinta Larga land mandate Indigenous authorization and limit mining to 1% of the territory. On 24 August, Minister Edson Fachin ordered the federal government to report within ten days on measures to address land invasions in Pará, specifically concerning the Ituna-Itatá and Cachoeira Seca territories. In Ituna-Itatá, the Articulação dos Povos Indígenas do Brasil (Apib) reported that a state law creating an environmental protection area has caused a “total overlap” with the indigenous land, reportedly encouraging illegal land grabbing and deforestation. FUNAI reported finding approximately 100 people and several vehicles within the territory on 16 August. Meanwhile, in Cachoeira Seca, the Arara people have reported security threats and illegal tourism, with a deadline approaching to remove non-indigenous occupants. By early September, debates intensified regarding the regulation of mining on Indigenous lands.

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