TERRITORIAL CONFLICTS AND THE PROTECTION OF INDIGENOUS LANDS: LAW NO. 14.701, DE 2023

Abstract

Abstract: Considering the intense territorial conflicts and legal disputes over the demarcation of indigenous lands in Brazil, this study aims to analyze the impacts of Law nº 14.701, de 2023, on the protection of indigenous rights and the legal security of demarcation processes. To this end, a qualitative research approach is adopted, based on a bibliographic and documentary review, covering relevant legislation, academic publications, and analyses from indigenous organizations. Thus, it is observed that the new law, while regulating the demarcation process, also establishes mechanisms that may hinder the enforcement of these rights, such as the possibility of continuous contestation of processes and the flexibilization of prior consultation guidelines for affected communities. Additionally, its approval occurred in a context of political and legal disputes, especially following the Supreme Federal Court (STF) ruling against the time frame thesis. This allows us to conclude that, despite advances in regulation, Law nº 14.701, de 2023, generates legal uncertainty for indigenous peoples, potentially compromising the preservation of their territories and increasing the challenges to the enforcement of their constitutional rights.