complaint

ADI 7582 (Indigenous Genocide Law) - complaint

Filing Year For Action

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. 

ADI 7582 (Indigenous Genocide Law)

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

This sector involves the wholesale and retail selling of goods.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

Actions or measures to adapt terrestrial systems to climate change.

Using laws and the legal system more broadly to protect vulnerable entities

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Activities involving the management, development, and sale of property assets.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Activities that relate to the production of goods and services from forests.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

People who have left their homes, whether through force, voluntarily, or a mixture of both

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Electrical energy generated from mechanical devices driven by flowing fresh water.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

woman and genders outside of the gender binary

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

This sector involves activities to move goods and people, alongside the storage of products.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

ADI 7582 (Indigenous Genocide Law) - complaint

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance