Brazil’s lula uses cop30 to bypass congress, demarcating ten new indigenous lands
Belém, Brazil/Brasília/London-UK
LATIN AMERICAN POLITICS AND CLIMATE:
Executive Action Demarcates 10 New Indigenous Territories, Creating a Constitutional Crisis as the President Battles a Congressional Law Limiting Land Rights to the 1988 ‘Time-Limit’
In a high-stakes move that directly challenges the legislative authority of the country’s powerful agribusiness lobby, the Brazilian executive branch has leveraged the global stage of the COP30 climate summit in Belém to advance Indigenous rights.
The government formally announced the demarcation of ten new Indigenous lands, a clear signal that the administration will use its executive power to protect the Amazon rainforest and its traditional inhabitants, even in the face of a direct legislative and constitutional clash.
Brazil’s Lula Uses COP30 To Bypass Congress, Demarcating Ten New Indigenous Lands In Defiance Of Marco Temporal Law, intensifying the political struggle over the future of the world’s most critical carbon sink.
The ordinances, signed by the Minister of Justice and Public Security on November 17, formalize the boundaries of these territories, representing the constitutional recognition of the Indigenous Peoples’ right to their traditional lands.
This action brings the total number of new Indigenous Territories demarcated under the current administration to 21, reversing years of political stagnation on the issue.
This executive momentum is a deliberate, political countermeasure to the controversial Marco Temporal (Time-limit framework) law, which remains officially in force despite being ruled unconstitutional by the nation’s highest court.
The Constitutional Conflict
The current crisis stems from a deep conflict between Brazil’s branches of government. In September 2023, the Supreme Federal Court (STF), in a landmark 9-2 ruling, declared the Marco Temporal thesis unconstitutional.
This thesis restricts Indigenous territorial claims only to those lands that were physically occupied by the respective communities on October 5, 1988, the date the current Brazilian Constitution was promulgated.
The ruling vindicated the long-standing argument that many Indigenous groups had been forcibly expelled from their ancestral lands prior to 1988, particularly during the military dictatorship (1964-1985).
However, the powerful, highly organized agribusiness and mining lobby in the Brazilian Congress immediately pushed through legislation—Law 14.701/2023—that effectively enshrined the Marco Temporal principle into federal law.
Although President Lula vetoed several key provisions, the Congress later overrode many of his vetoes, ensuring the core of the Marco Temporal doctrine became legally binding.
The legislative override has plunged the country into a constitutional standoff, with the STF now facing multiple legal challenges from Indigenous organizations and political parties seeking to have the Congressional law declared void.
The President’s strategic use of the executive decree at a global environmental summit is intended to pressure the Supreme Court into delivering a final, definitive ruling against the law.
The Amazon and Global Climate Stakes
The outcome of this constitutional battle holds immense, planetary significance. Indigenous lands are universally recognized as one of the most effective barriers against deforestation in the Amazon.
Satellite data from research groups like MapBiomas consistently show that titled Indigenous territories suffer only about 1% native vegetation loss, compared to over 20% in non-demarcated areas.
The Marco Temporal law, dubbed the “Indigenous Genocide Law” by activists, threatens to halt pending land demarcations and even invalidate existing territories.
By favouring land titles that predate 1988 and easing regulations on resource extraction, the law opens up vast tracts of protected forest to logging, mining, and large-scale agriculture.
Analysts estimate that if the law remains fully enforced, it could lead to up to 20% additional deforestation, jeopardizing Brazil’s climate pledges and accelerating the Amazon’s transition from a critical global carbon sink to a carbon emitter.
For London-UK based CJ Global, the news from Belém is a stark reminder that global climate efforts depend intrinsically on domestic political conflicts in key nations.
The demarcation of the ten new lands is a temporary executive victory, offering tangible security to vulnerable communities and critical ecosystems.
But the ultimate fate of Brazil’s 117.4 million hectares of Indigenous lands—and the forests they protect—rests with the final ruling of the Supreme Federal Court, which must decide if the legislative branch can override the Constitution and its own judicial authority in favor of agribusiness interests.
Headline Points
Executive Action:
Amidst the COP30 summit, Brazil’s executive branch announced the demarcation of ten new Indigenous lands via ordinance, acting as a direct counter-move to Congress.
Constitutional Crisis:
This move intensifies the conflict with Congress over the Marco Temporal (Time-limit framework) law (Law 14.701/2023), which the legislature passed despite the Supreme Court (STF) declaring the core principle unconstitutional.
Land Limitation:
The Marco Temporal law legally restricts Indigenous land claims only to territories occupied on October 5, 1988, ignoring historical forced displacement.
Environmental Stakes:
Indigenous lands are crucial for climate mitigation, with studies showing they prevent up to 20% of additional deforestation compared to private areas.
Global Significance:
The final decision, now resting with the STF, will determine the fate of the Amazon and Brazil’s ability to meet its international climate commitments.
