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Brazil Supreme Court Ruling Shakes COP30 Climate Talks

Indigenous leaders at COP30 in Belém demand real decision-making power as Brazil’s top court overturns a law restricting ancestral land rights but legislative battles loom.

6 min read

When delegates from around the world descended on Belém, Brazil, in November 2025 for the United Nations’ COP30 climate conference, the Amazon’s humid, fragrant air greeted them long before the official blue banners did. For many, this was a journey into the symbolic heart of the world’s largest tropical rainforest—a place whose fate is inextricably tied to the planet’s future. But for Indigenous attendees, COP30 was more than a global event; it was a fresh reminder of the profound disconnect between international climate negotiations and the lived realities of the people who call the Amazon home.

As reported by Dialogue Earth, the conference’s language—filled with terms like “mitigation,” “adaptation,” and “just transition”—often felt alien to those who depend directly on the river, the forest, and the climate cycles. These are not abstract concepts for Amazonian communities; they are the essence of life itself. “They invite us to speak, but not to decide,” said Uyunkar Domingo Peas Nampichkai, an Achuar leader from Ecuador, as he navigated the labyrinthine pavilions. The sentiment echoed throughout the event, crystallizing the frustration of Indigenous leaders who, despite being lauded as guardians of the forest, remain largely excluded from real decision-making.

This exclusion is not merely symbolic. As the conference unfolded, so too did a parallel drama in Brazil’s highest court. On December 18, 2025, Brazil’s Supreme Federal Court struck down a controversial law that had limited Indigenous land rights to territories occupied at the time of the 1988 constitution. According to AFP, the law—passed by a conservative-controlled Congress in 2023 despite a presidential veto and an earlier Supreme Court ruling—had been a flashpoint in Brazil’s long-running land rights battle. It was a legal hurdle that Indigenous activists and Brazil’s Minister of Indigenous Peoples, Sonia Guajajara, called a “legal obstacle” to the demarcation of Indigenous lands.

The so-called “time-frame” doctrine had pitted Congress against both the Supreme Court and the executive branch. Indigenous organizations argued that the law ignored centuries of forced expulsions and violence, including during Brazil’s military dictatorship from 1964 to 1985. Over the past several months, the Supreme Court held roughly twenty hearings with both Indigenous organizations and supporters of the doctrine, seeking some measure of conciliation. The court’s decision to overturn the law was hailed as a victory by Indigenous advocates, but the struggle is far from over. Just last week, the Senate approved a constitutional amendment to enshrine the “time frame” principle, sending it to the Chamber of Deputies for further debate.

For the 1.7 million Indigenous people in Brazil—a country of more than 200 million—these legal and political battles are not abstract. They determine whether communities can reclaim ancestral lands, safeguard biodiversity, and maintain cultural survival. President Luiz Inacio Lula da Silva, who made land demarcation a campaign promise, has approved around 20 Indigenous territories since returning to office in 2023. But as the events in Belém and Brasília show, progress remains precarious, subject to shifting political winds and legislative maneuvering.

Inside COP30, the gap between rhetoric and reality was palpable. Indigenous communicators, like those from the Shuar and San Luis Ininkis communities in Ecuador, described the experience as “walking with feet in two different worlds.” On one side, air-conditioned rooms buzzed with policy debates and diplomatic jargon; on the other, the memory of territory, the voice of elders, and the daily struggles of Indigenous communities weighed heavily. “Here they only listen to us if we speak their language,” said Carla Medrano Criollo, a Siona leader attending with the Confederation of Indigenous Nationalities of the Ecuadorian Amazon (CONFENIAE).

For some, the disconnect was almost surreal. Delegations scrambled to pay for meals and secure accommodation, even as millions of dollars were discussed for climate funds. Young Amazonians borrowed mobile phones to keep their communities informed. In one telling moment, the word “territory” was repeatedly mistranslated as “available land”—a stark reminder that, for Indigenous peoples, territory is not a commodity but a living tapestry of body, memory, spirituality, and history.

Despite these challenges, Ecuador’s delegation played a pivotal role. Tiyua Uyunkar, prefect of Morona Santiago, called for direct financing to Indigenous nationalities without intermediaries, the strengthening of subnational leadership, the promotion of new forest economies rooted in the bioeconomy, and the advancement of Indigenous digital sovereignty. “Amazonian territories should not be passive beneficiaries, but central actors in global climate governance,” Uyunkar argued. José Esach, president of CONFENIAE, was equally direct: “The Amazon has been protected by Indigenous peoples for millennia, but we remain excluded from the decisions that define our future.” Their message was clear: Indigenous communities must be empowered not just to participate, but to lead.

Yet, as Dialogue Earth reported, COP30 produced no binding commitments for Indigenous peoples. The conference was rich in powerful arguments—on climate justice, direct financing, territorial rights, and community sovereignty—but thin on enforceable outcomes. The gap between what was said on stage and what happens on the ground remains wide. Real change, Indigenous leaders say, will require sustained coordination between Indigenous authorities, local governments, and the state, as well as genuine political will from the international community.

Outside the official broadcasts and speeches, the emotional and political map of COP30 was drawn in the corridors and quiet moments. Yanomami women opened discussions with ritual songs, summoning the spirits of the forest in a language few outsiders understood. Tony Chimbo, a young Kichwa leader, summed up the experience: “I came looking for agreements. I found speeches. I’ll come back anyway. If we’re not there, others will decide for us.”

Even as Amazonian representatives forged a stronger presence in the global debate, the real test lies ahead. The international climate system, Indigenous advocates argue, is still not designed for them to wield meaningful power. “Why are you talking about the future if you are not protecting the present?” asked Juan Bay, president of the Waorani nationality. It’s a question that continues to resonate, not just in Belém but wherever the fate of the forest is discussed.

Ultimately, as the dust settles from COP30 and the Supreme Court’s landmark ruling, one thing is clear: the future of the Amazon will not be decided in diplomatic halls alone. It will be shaped in the rivers, communities, and forests that still breathe and resist. Indigenous peoples will continue to fight for their place at the table—not because they trust the system, but because the alternative is to let others tell their story. And when others do, the forest risks becoming just another resource, rather than a living, breathing force. The world, and the Amazon, cannot afford to let that happen.

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