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ADI 7582 (Indigenous Genocide Law) - complaint

judgment

ADI 7582 (Indigenous Genocide Law) - judgment

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. 

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 (...)".

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

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.

Households employing domestic workers, for activities like cooking, cleaning and subsistence farming, for their own use.

Actions or measures to adapt terrestrial systems to climate change.

People whose sexual orientation, gender identity, or gender expression differs from the majority or societal norms

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

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

An integrated system of hazard monitoring, forecasting and prediction, that enables individuals, communities, governments, businesses and others to take timely action to reduce disaster risks in advance of hazardous events.

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

This sector provides medical services, manufactures medical equipment, and develops pharmaceuticals to maintain and improve health.

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

A tax advantage is an economic benefit applied to certain accounts or investments that are, by law, tax-reduced, tax-deferred, or tax-free. This can apply to investments in areas such as green energy projects or the agricultural sector, where tax advantages can help manage financial risks.

Actions to adapt human health, healthcare systems and well-being to climate change.

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

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

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

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.

Actions and measures to adapt and increase resilience of societies and the economy to climate change.

Actions or measures to adapt freshwater systems to climate change.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

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

Production of electricity and heat from solar irradiation.

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

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

This sector involves the distribution, treatment, and conservation of water resources.

This sector provides communication services, software development, and IT solutions.

woman and genders outside of the gender binary

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

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

This sector involves the wholesale and retail selling of goods.

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

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

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

Direct investments by the governments using public funds. This can be to support climate initiatives or integrate climate into other projects.

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

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

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

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.

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

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

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

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

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

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.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

ADI 7582 (Indigenous Genocide Law) - judgment

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Economic sector

Adaptation/resilience

Finance