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.
Visit us at Tauil & Chequer
Founded in 2001, Tauil & Chequer Advogados is a full service law firm with approximately 90 lawyers and offices in Rio de Janeiro, São Paulo and Vitória. T&C represents local and international businesses on their domestic and cross-border activities and offers clients the full range of legal services including: corporate and M&A; debt and equity capital markets; banking and finance; employment and benefits; environmental; intellectual property; litigation and dispute resolution; restructuring, bankruptcy and insolvency; tax; and real estate. The firm has a particularly strong and longstanding presence in the energy, oil and gas and infrastructure industries as well as with pension and investment funds. In December 2009, T&C entered into an agreement to operate in association with Mayer Brown LLP and become "Tauil & Chequer Advogados in association with Mayer Brown LLP."
© Copyright 2020. Tauil & Chequer Advogados, a Brazilian law partnership with which Mayer Brown is associated. All rights reserved.
This article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.
