Who gains from saving nature
Ledger 1 : 33 — For each dollar financing nature-based solutions in 2023, about $33 financed activities harmful to nature. (UNEP)
Cases / Law, regulation and treaties · Brazil · 2023

Brazil Senate passes amendment limiting Indigenous land claims to 1988 occupants

Short record: the main facts, with sources. A full case file has not been prepared.

Nature's voice · report
No measurement of the harm done to me here is on record.
Did nature suffer? Not measured.
What the record lacks: 1 none on record · 3 insufficient · 1 not measured See the gaps

The Senate approved PEC 48/2023 on 9 December 2025, writing the 5 October 1988 cut-off into the constitution and requiring advance compensation for occupiers. Indigenous land recognition is at stake, and the Supreme Court had again ruled the time limit unconstitutional that month.

What?
The Senate approved PEC 48/2023 on 9 December 2025, writing the 1988 cut-off into the constitution and tying recognition to compensation for occupiers. Senado Notícias (Federal Senate of Brazil)
Where?
Brazil, Indigenous territories nationwide Senado Notícias (Federal Senate of Brazil)
When?
2023 (law and first court vote); 9 December 2025 (Senate) Senado Notícias (Federal Senate of Brazil)
Who?
Gained
Lost
Harmed
  • Guajajara people in Maranhão — 81 Guajajara killed 1991–2023 according to the source; no one tried for the killings
Why?
Not stated in the sources reviewed.
How?
Law 14.701/2023 set the 1988 cut-off; PEC 48/2023 would write it into the constitution with compensation for occupiers. Mayer Brown
6 of 6 questions answered from the record

What happened

The record, in order.

Congress passed Law 14.701/2023, limiting Indigenous land recognition to lands occupied on 5 October 1988.

The Supreme Court voted 9 to 2 against the time limit in 2023, and found it unconstitutional again in December 2025.

On 9 December 2025 the Senate approved PEC 48/2023 by 52 votes to 14 and 52 to 15 in two rounds. The amendment would require advance compensation to occupiers.

The amendment was sent to the Chamber of Deputies.

    In court and with insurers

    Every proceeding and every insurer decision on record.

    Lawsuits and rulings

    1. 2025-12Overturned on appeal
      Marco temporal time-limit case (Law 14.701/2023)
      Supreme Federal Court (STF) · constitutional · Not stated in the sources reviewed → Not stated in the sources reviewed

      The court found the time limit unconstitutional in December 2025, after a 9 to 2 vote in 2023. Mayer Brown

    Insurers

    No insurer decision on record.

    What we don't know

    Undisclosed, unproven, untried: recorded as data.

    Nature

    • Not measured Harm to nature: The record holds no measurement of harm to nature.

    Record

    • None on record Status of the amendment in the Chamber of Deputies is not confirmed beyond its referral.
    • Insufficient Reported but not verified: Congress restated the time limit in law a week after the 2023 court vote.
    • Insufficient Reported but not verified: one study found that formal title for Indigenous land cut border deforestation by about 75% in the Brazilian Amazon.
    • Insufficient Reported but not verified: illegal gold mining reached more than 20,000 miners on Yanomami land in 2021–2023.

    Did the harm stop?

    Not stated in the sources reviewed.

    Who paid?

    Not stated in the sources reviewed.

    Sources

    Voices on record: — Company or project— Government and regulators— Courts✓ Press and investigations— Communities and civil society— Researchers