ADI 7582 (Indigenous Genocide Law)

In December 2023, the Articulation of Indigenous Peoples of Brazil (APIB), the Socialism and Liberty Party, and the Sustainability Network filed a Direct Action of Unconstitutionality (ADI) with a request for a preliminary injunction. The action is seeking for a declaration of unconstitutionality of provisions in Federal Law No. 14,701/2023, which were previously vetoed by the President of the Republic but later overturned by the National Congress. It is argued that the approved law represents a regression in the fundamental rights of Indigenous peoples, such as the elimination of the right to free, prior, and informed consultation, the original right to their historically occupied territories and collective ownership, and the rights to life and culture. The action contends that the rights of Indigenous peoples have been attacked by parliamentary majorities in opposition to decisions of the Supreme Federal Court, which, in its counter-majoritarian role, safeguards fundamental rights. In September 2023, the Supreme Federal Court concluded the judgment of Extraordinary Appeal (RE) 1,017,365 with recognized general repercussion (Topic 1,031), where the “timeframe thesis” was rejected by a majority of the Court, reaffirming the protection of Indigenous territorial rights and environmental protection in the context of the climate emergency. Subsequently, members of Congress revived, under an expedited regime, legislative bills contrary to the established jurisprudence, including Bill No. 490/2007, which was later approved as Federal Law No. 14,701/2023 and enacted with certain articles vetoed. It is emphasized that Indigenous Lands contribute to climate balance, as they are essential for the protection of biodiversity, forests, and water resources. The approved law, therefore, contains various forms of unconstitutionality and puts environmental assets at risk, with the potential to exacerbate deforestation and the climate emergency. The action requests a preliminary injunction to suspend the effectiveness of the challenged articles of Law No. 14,701/2023. On the merits, the action seeks a ruling in favor of the claims, confirming the preliminary injunctions and declaring the challenged provisions of the law unconstitutional. The action further seeks recognition, per Articles 231 and 232 of the 1988 Federal Constitution, that the territorial rights of Indigenous peoples are fundamental rights and immutable clauses. An incidental request for a preliminary injunction was also submitted, highlighting the increase in violence against Indigenous peoples in territorial disputes following the enactment of Federal Law No. 14,701/2023. The request presents a scenario of territorial rights violations and escalating environmental degradation, and it seeks to suspend the effectiveness of the challenged provisions of the Law. The request for a preliminary injunction was addressed in a joint decision on other related claims. Justice Gilmar Mendes, the reporting judge, identified a conflict between the provisions of Law No. 14,701/2023 and the Supreme Federal Court’s ruling in RE 1,017,365/SC, as well as statements by the Inter-American Court of Human Rights on the matter. He ordered the suspension of all judicial proceedings discussing the constitutionality of the challenged law. He also ordered the notification of all parties in the concentrated control actions under review, as well as the Heads of the Executive and Legislative Branches, the Attorney General's Office, and the Federal Prosecution Office, to present proposals for resolving the disputes through consensual means within 30 days. It was ordered that ADC 87, ADIs 7582, 7583, and 7586, and ADO 86 proceed jointly. Since August 2024, the present case and the related actions have been in a conciliation procedure before the Special Commission for Consensual Dispute Resolution, which was established by the STF. In August 2024, a conciliation procedure was initiated before the Special Self-Composition Commission. In December 2025, a judgment was issued, according to the vote of the Reporting Justice Gilmar Mendes, which, by majority vote, ratified the results of the work of the Special Self-Composition Commission, accepting the proposals and guidelines formulated from a negotiation process between the institutional actors involved, aimed at overcoming the constitutional conflict, considering a possible interpretation of the case and ordering its submission to the National Congress for the adoption of appropriate measures. The Court also partially upheld the requests made in the actions, declaring the unconstitutionality of several provisions of Law No. 14,701/2023, especially those that incorporated the temporal framework thesis, as well as providing a constitutional interpretation to other provisions, with emphasis on the guarantee of the right to prior, free and informed consultation with indigenous communities and the requirement of proportional justification for state interventions on indigenous lands. Furthermore, it recognized the existence of unconstitutionality by omission regarding art. Article 67 of the Transitional Constitutional Provisions Act (ADCT) establishes a 180-day deadline for the adoption of measures by the Public Authorities, and declared the appeals filed against previous monocratic decisions to be moot. It is noteworthy that, in the partially dissenting opinion of Minister Edson Fachin, there was mention of Advisory Opinion No. 32/2025 of the Inter-American Court of Human Rights. Considering that this opinion broadens "the scope of state obligations in the face of the climate emergency, it has repositioned the role of indigenous territorial rights in this scenario. Therefore, the so-called rule of evolutionary interpretation is fully applicable here (...)".