Goal 13: Climate Action 

Land Rights in the Brazilian Amazon: Promises, Threats, and Resistance

For Indigenous peoples, the forest is more than a global symbol: it is home, history, mother, food and spirituality. 

By KELLY BONE GUAJAJARA
28 September 2025

To speak about the Amazon is to speak of a territory that belongs not only

to Brazil, but to the entire world. However, for Indigenous peoples, the

forest is more than a global symbol: it is home, history, mother, food, and

spirituality. It is in this land that one of the greatest political and social disputes of our time is concentrated: land rights in the Brazilian Amazon. 


In recent years, especially during the Lula administration, this issue

has returned to the spotlight. Promises have been made, decrees signed, laws discussed, and vetoes applied. But the reality of the forest, and especially of Indigenous life, is still far from reflecting what is written on paper.

The 1988 Constitution and the Historical Debt

The starting point for this discussion is the 1988 Federal Constitution,

which recognized Indigenous peoples' original right to their lands. This

means that these lands were not "granted" by the State, but rather already

belonged to them long before the formation of Brazil. The Constitution

determined that all Indigenous lands should be demarcated by 1993.


More than 30 years later, this promise remains unfulfilled. There are currently

approximately 764 identified Indigenous territories in Brazil, but just over

500 have been officially recognized. The delay is not just bureaucratic:

it represents conflicts, violence, expulsions, fires, and illegal invasions.

The Temporal Framework and the Struggle in Congress

One of the biggest points of recent conflict is the so-called Temporal Framework. The thesis, defended by ruralists and part of Congress, 

occupying their territories on the date of the Constitution's enactment, on October 5, 1988, would have land rights.


This view is criticized by legal experts, environmentalists, and, especially, by the Indigenous movement. After all, many peoples were expelled from their lands before 1988, during periods of severe military repression and economic exploitation.


Applying this cut would, in practice, erase centuries of violence and deny constitutional rights.


In 2023, the Supreme Federal Court (STF) rejected the Temporal Framework thesis, confirming the proposal's unconstitutionality. However, in response, Congress approved Law 14.701/2023, which attempts to recreate, through legislation, the same logic as the temporal framework. President Lula vetoed important parts of the law, but Congress overrode some of these vetoes. The result is a scenario of legal instability: the Supreme Court's decision on one side, and a law passed on the other.

Lula's Promises and Practice

During his campaign, Lula promised that the indigenous agenda would be a priority.


And, indeed, some progress has been made:

 In 2023, eight new indigenous lands were approved, something that had not happened since 2018.

 The Ministry of Indigenous Peoples was recreated, led by Sonia Guajajara, giving the movement greater political visibility.

 The government launched plans to combat illegal mining in areas such as the Yanomami Territory, which has experienced a severe humanitarian crisis.


However, the practice shows its limits. While approvals are ongoing, infrastructure projects, such as roads and hydroelectric plants, continue to be defended by sectors within the government itself, putting indigenous territories at risk.


Furthermore, political pressure from agribusiness in Congress has hampered deeper progress. In other words, Lula is in a delicate balance: while he extends a gesture to indigenous peoples and socio-environmental movements, he also needs to engage in dialogue with the ruralist caucus, which has decisive influence in legislative votes.

The Constant Threats

While laws and decrees are discussed in Brasília, life in the forest

remains under attack. Three threats stand out:


1. Illegal mining – It is advancing in areas such as the Yanomami and Munduruku territories, leaving a trail of environmental destruction, disease, and violence. The mercury used in mining contaminates rivers, fish, and

entire populations.


2. Land grabbing – The practice of invading and falsifying documents to

illegally appropriate public lands is growing at an alarming rate.

It is one of the drivers of deforestation.


3. Illegal logging and livestock farming – Illegal logging and the clearing

of areas for pasture constantly put pressure on territories. Even on demarcated lands, law enforcement often fails to prevent the invasion.


These threats are not abstract: they result in the deaths of Indigenous

leaders, the destruction of entire communities, and a climate impact that

resonates across the planet.

Indigenous Activism as a Political Force

While the government and Congress still waver, Indigenous peoples have increasingly taken a leading role in politics. The organized movement, led by the Articulation of Indigenous Peoples of Brazil (APIB) and leaders such as Sonia Guajajara, Célia Xakriabá, and others, has established itself as one of the most active voices in the national debate. Marches, occupations of Brasília, attendance at climate conferences, and pressure on parliamentarians have ensured that the Indigenous agenda is not forgotten.


More than resistance, this activism demonstrates the capacity to formulate public policies, presenting concrete proposals for sustainable management and environmental protection.

The Future of Land Rights

The scenario is one of constant dispute. On one side, the Supreme Federal Court (STF) guarantees legal advances and reaffirms the 1988 Constitution. On the other, Congress attempts to limit rights with projects like the Temporal Framework. The Lula administration, in turn, vacillates between meeting indigenous demands and negotiating with powerful economic

sectors.


What's at stake is not just land ownership, but the future of the

Amazon and the global climate. Indigenous peoples protect the forest like no one else: studies show that preserved indigenous areas have much lower deforestation rates than unprotected public areas. Guaranteeing

their land rights is, at the same time, guaranteeing the survival of the planet.

Conclusion

The struggle for land rights in the Brazilian Amazon is, above all, a struggle for life. It is the story of a people who have resisted for over 500 years

attempts at erasure and exploitation. It is also a test for Brazilian

democracy: whether or not to comply with what the Constitution mandates.


The Lula administration has brought symbolic and concrete advances, but faces political pressures that hinder deeper changes. Meanwhile,

Indigenous activism is growing, showing that the future of the Amazon will be decided not only in offices, but also in the streets, in villages, and in the voices that echo in defense of the forest.


Securing land rights is recognizing that the Amazon is not just a resource, but a sacred home, guarded by those who have always known how to live in harmony with it.

The Indigenous Declaration 

Climate Crisis, Youth Answers

Guardians of the Rainforest