Last Updated on January 28, 2026Brazil’s Supreme Federal Court struck down for a second time the controversial marco temporal (time-limit) doctrine that restricted Indigenous land rights beyond the date of Brazil’s 1988 Constitution. That legislation had revived marco temporal while tightening procedures governing Indigenous land demarcation. He said the doctrine was inconsistent with the Constitution’s recognition that Indigenous land rights are originárias (original), existing prior to and independent of the state. According to official figures, Indigenous territories currently cover more than 13 percent of Brazil’s land mass, though thousands of claims remain unresolved. This could, in effect, turn constitutionally guaranteed land rights into negotiated settlements.