Brazil Must Abandon “Marco Temporal” Doctrine Once And For All, Says UN Expert

GENEVA (11 June 2025) – A UN expert today expressed grave concern about Brazil’s continued use of the controversial “Marco Temporal” legal interpretation to revoke the legal foundation for indigenous land demarcation and annul the demarcation of indigenous territories in Santa Catarina.

“This legislative move enforces the discredited ‘Marco Temporal’ doctrine, which restricts Indigenous land rights to territories physically and permanently occupied as of 5 October 1988, the date of Brazil’s current Constitution,” said Albert Kwokwo Barume, Special Rapporteur on the rights of Indigenous Peoples.

Brazil’s Senate has approved Legislative Decree No. 717/2024, which seeks to revoke the legal foundation for Indigenous land demarcation and annul the demarcation of the Toldo Imbu and Morro dos Cavalos Indigenous Territories in Santa Catarina. The Bill is now before the Chamber of Deputies.

“This is a deeply regressive step that undermines Indigenous Peoples’ rights, environmental protection, and climate action, I urge lawmakers not to approve the Bill,” the expert said.

The Supreme Federal Court of Brazil has already declared the Marco Temporal thesis unconstitutional. Despite this, the proposed decree threatens to hamper the work of the Fundação Nacional dos Povos Indígenas (FUNAI), which plays a vital role in the demarcation of Indigenous lands.

“This is the fourth time in four years that the Special Rapporteur on the rights of Indigenous peoples has raised public alarm over this issue,” Barume said, recalling statements issued in 2021, 2023 and 2024. “It has also been the subject of formal communications with the Brazilian Government and should be of grave concern to the international community.”

The Inter-American Commission on Human Rights has also issued warnings against the Marco Temporal thesis, which violates international treaties such as ILO Convention 169 and contradicts the jurisprudence of the Inter-American Court of Human Rights.

“Marco Temporal not only undermines legal certainty and Indigenous land rights—it also fuels rural violence and environmental degradation,” Barume said. “It threatens Indigenous Peoples’ security, health and cultural practices, contributing to a slow and painful process that could lead to their extermination.”

“I urge Brazil to abandon the Marco Temporal once and for all. As UN Secretary-General António Guterres has stated, Indigenous Peoples’ rights are non-negotiable.”

*The expert: Albert K. Barume, is the Special Rapporteur on the rights of Indigenous Peoples

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