Mining on indigenous lands remains without a statute, and the Supreme Court has set out parameters for the case of the Cinta Larga People.
The Supremo Tribunal Federal (STF, Brazil’s Federal Supreme Court), in a Full Bench decision of 13/08/2026, upheld an interim injunction and recognised that the National Congress has failed to regulate mining on indigenous lands. In practice, the Court granted 24 months for the enactment of the statute and laid down provisional conditions for the lands of the Cinta Larga People. Ultimately, anyone considering investing in the sector still has no general legal framework.
Why did the Supreme Court act in the absence of a statute?
The Constitution provides that prospecting and mining on indigenous lands depend on a specific statute. That statute has never been enacted. The Full Bench held that there was a legislative omission and set a 24-month deadline for Congress to remedy it.
In the meantime, the Court ordered the federal government to remove illegal wildcat mining from the area, including through the use of force, if necessary. It also ordered the completion of the hearing of the Cinta Larga communities.
What conditions apply to mining in the Cinta Larga case?
Any authorised mining may not exceed 1% of the demarcated indigenous territory. In addition, it depends on free, prior and informed consultation with the communities.
The activity also requires an environmental impact study, a sustainable management plan, the restoration of degraded areas and environmental compensation. Accordingly, the indigenous peoples have preference to exploit the resources through cooperatives, subject to a grant by the Executive Branch and approval by Congress.
If that preference is not exercised and the undertaking is authorised, the indigenous peoples will be entitled to a share equivalent to 50% of the total amount of the financial compensation.
Do these rules apply to other indigenous lands?
Not automatically. The conditions apply to the lands of the Cinta Larga People. On the other hand, they may serve as a reference in similar cases.
It is our understanding that businesses should treat these conditions as an indication of what the Judiciary expects, without mistaking them for the future statute. Moreover, the content of the text that Congress will approve is still unknown. Lastly, anyone assessing projects in such areas should monitor the legislative process and check the decision in the official source before making any investment.
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