On 17 December 2025, Brazil’s Supreme Court voted to protect Indigenous land rights. Six of the 10 judges who had voted by Wednesday said that lawmakers cannot take these rights away. This sends a strong message to Congress that the rights of native peoples are fundamental.
Brazil’s 1988 constitution recognizes the right of Indigenous communities to live on their ancestral territory. However, formal recognition has been slow. Many villages still wait for the government to officially demarcate their lands, and violent disputes are common.
In 2023, Congress passed a law requiring Indigenous groups to prove they were on the land in October 1988. Supporters said the law protected landowners who bought property without knowing about older claims. The Supreme Court disagreed. Judges said no law can erase the constitution’s promise to Indigenous peoples.
The new ruling entrenches these rights in the constitution. The Court did offer one concession: farmers who currently use land claimed by Indigenous peoples can continue until they are paid compensation. These payments could take years because public funds are limited.
A powerful farm lobby and many conservative lawmakers plan to push a constitutional amendment to enforce the 1988 cutoff. They argue it will bring legal certainty for business and farming. The Court’s decision is likely to intensify the standoff between judges and politicians.
Indigenous leaders warn that opening more legal challenges could make land conflicts deadlier. In 2024 alone, 211 Indigenous people were murdered in Brazil, many in land disputes.
Justice Gilmar Mendes, who oversaw the case, set a 10‑year deadline for the federal government to complete all pending demarcations. Lawyers representing Indigenous organisations say this could create pressure points if lands are not recognized by the deadline.
The decision is both a victory and a challenge. It upholds the rights of Brazil’s first peoples but leaves room for legal fights and potential violence. According to Reuters, this ruling may increase tensions between the Court, Congress and powerful farming interests.
