STF Suspends Indigenous Land Judgment; Audit Chief Suspended
Brazil · COURTS
Key Facts
—Marco temporal: Judgment suspended by Toffoli’s request for more time.
—Daniel Brandão: Suspended 180 days from Maranhão audit court by Dino.
—ADI 7864: Dino votes to bar council power over medical courses.
—AIJE: Novo filed against Lula and Alckmin over carnival funds.
—Marco temporal: Law 14.701/2023 ties land rights to 1988 occupation.
—AIJE: Corregedor admitted action, gave five days for defense.
The Supreme Federal Court suspended an indigenous land ruling and a state audit chief. The electoral court admitted a case against President Lula.
Brazil’s Supreme Federal Court suspended its judgment on indigenous land appeals on August 14, 2026. The same week, a justice suspended a state audit court president, and the electoral court admitted a case against President Lula.
Marco temporal: Indigenous Land Judgment Suspended
The STF suspended marco temporal appeals judgment on August 14, 2026, per Brasil de Fato. Justice Dias Toffoli requested more time, halting the virtual plenary.
Before the suspension, four justices had voted in three competing currents. Gilmar Mendes, the rapporteur, voted first to reject most appeals, followed by Alexandre de Moraes.
Zanin then opened a partial divergence on bare-land compensation, and Fachin diverged on seven points. Cármen Lúcia’s alignment with Fachin was in an earlier merits judgment, not these appeals.
Marco temporal grants indigenous rights only to lands occupied on October 5, 1988. Law 14.701/2023 codified it, slowing and raising demarcation costs, says Metrópoles.
The STF declared the thesis unconstitutional in 2023 and again in December 2025, upholding parts of Law 14.701/2023, per APIB. It must resume within 90 days, says Brasil de Fato.
Maranhão Audit Court President Suspended
Justice Dino suspended Daniel Brandão from Maranhão’s audit court presidency for 180 days on August 17, 2026, per G1. Brandão, nephew of Governor Carlos Brandão, keeps the post while suspended.
The suspension stems from a Federal Police inquiry into a criminal group, fund diversion, and a 2022 homicide. Dino cited Brandão’s presence at the ‘Tech Office’ homicide, per G1 and Poder360.
Dino also banned Brandão from contacting the governor and other investigated individuals. A state audit court, or tribunal de contas, oversees public spending by state governments.
The case sits at the STF due to Senator Weverton Rocha’s forum privilege, per G1. The governor’s office argues the STF lacks jurisdiction; STJ should judge governors, says Poder360.
That argument is about the governor’s own forum, not Daniel Brandão’s defence. Daniel Brandão’s defence had not commented.
Medical Course Oversight Limited
Justice Dino voted August 17 to strike down parts of a medical council resolution allowing interference in courses, per Estadão. ADI 7864 challenges Resolution 2.434/2025.
Dino, the rapporteur, wrote that a professional council cannot claim powers that the law gives to education bodies. Justice Alexandre de Moraes followed his vote, and the virtual session runs until August 21.
The interdiction power belongs to the regional councils, or CRMs, conferred by the CFM resolution. The CFM issued the resolution; it is not the body that would do the interdicting.
Electoral Case Against Lula and Alckmin
Novo filed an electoral action against Lula and Alckmin on August 8, 2026, per Tribuna do Agreste. The case concerns a February 15, 2026 carnival parade honouring Lula.
Novo alleges R$9.65 million in public funds: R$4m from Niterói, R$2.15m from Rio, R$2.5m state, R$1m Embratur. At August 17, 2026 PTAX of R$5.2011, that’s about US$1.85 million.
On August 17, Minister Antonio Carlos Ferreira admitted the action, finding possible abuse of economic power, per Veja. He gave five days for defence.
An AIJE is an electoral action to investigate abuse of economic or political power. Novo seeks to void Lula and Alckmin’s candidacy registrations and declare them ineligible for eight years.
Frequently Asked Questions
What is the marco temporal thesis?
The marco temporal thesis limits indigenous land rights to those occupied on October 5, 1988. The STF suspended judgment on August 14, 2026, per Justice Toffoli’s request, says Brasil de Fato.
What is a tribunal de contas?
A tribunal de contas is a court that audits public spending by government entities. The Tribunal de Contas do Estado do Maranhão oversees state finances, and its president, Daniel Brandão, was suspended for 180 days by Justice Flávio Dino on August 17, 2026, as a precautionary measure, per G1.
What is an AIJE?
An AIJE investigates electoral abuse of economic or political power. Novo filed one against Lula and Alckmin on August 8, 2026, over parade funds; it was admitted August 17.
What did the STF decide on the CFM medical course resolution?
Justice Flávio Dino voted on August 17, 2026, to bar the Federal Council of Medicine’s resolution that let regional councils interdict medical courses. The case, ADI 7864, remains in the virtual plenary until August 21, and Justice Alexandre de Moraes has followed Dino’s vote, per Estadão.
Sources
- www.brasildefato.com.br
- g1.globo.com
- www.poder360.com.br
- www.estadao.com.br
- veja.abril.com.br
- www.tribunadoagreste.com.br
- pluang.com
This article was produced by The Rio Times’ automated newsroom system. How we use AI · Report an error
Read More from The Rio Times