Quilombola ADCT Art 68

This route covers the quilombola regime under ADCT Art 68 (Article 68 of the Transitional Constitutional Provisions Act of the 1988 Constitution). Acquisition type: original (originária).

Eligibility synthesis: Members of the remanescente quilombo communities (remanescentes das comunidades dos quilombos — descendants of historical maroon settlements): definitive land ownership under ADCT Art 68, plus Decreto 4.887/2003 (the implementing decree for quilombola land titling), titling by INCRA (the federal land-reform and titling agency) and certification by the FCP (Fundação Cultural Palmares — Palmares Cultural Foundation).

Operational context: The route sits within the constitutional framework of CF/88 Art 12 (Article 12 of the 1988 Federal Constitution) and its implementing legislation (Lei 13.445/2017, the Migration Law; Decreto 9.199/2017, its regulation; and Portaria MJ 623/2020, the naturalization ordinance). On the "Marco Temporal" (temporal milestone) question, the STF Virtual Plenary issued its FINAL ruling on 19/12/2025: ADC 87 and ADIs 7582/7583/7586 were decided jointly, Rapporteur Justice Gilmar Mendes. The Court declared part of Lei 14.701/2023 (promulgated 2023-10-20) unconstitutional, set a 10-year deadline for the Union and established a monthly compensation regime. The antecedent decision, STF RE 1.017.365 (Tema 1031, Rapporteur Justice Edson Fachin), had rejected the temporal-milestone doctrine on 2023-09-21. An inter-branch conflict remains ongoing through PEC 48/2025. Operative: yes, in force as of 2026-05-17.

Constitutional and legislative architecture (1988 Constitution + 2017 Migration Law, as of 2026): The Federal Constitution of 1988 (promulgated 1988-10-05), Art 12, establishes a tripartite taxonomy: native-born Brazilians (Art 12 I a/b/c), naturalized Brazilians (Art 12 II a/b), and indigenous and traditional communities holding a sui generis status (ADCT Art 68 for quilombolas — a four-layer framework: CF Arts 215/216, Decreto 4.887/2003, ILO Convention 169 on Indigenous and Tribal Peoples ratified and promulgated via Decreto 5.051/2004, and INCRA Portarias 57/2009, 128/2022 and 130/2023). The contemporary architecture rests on Lei 13.445/2017 (the Migration Law, effective 2017-11-21), which repealed Lei 6.815/1980 (the dictatorship-era Foreigner Statute) and is implemented by Decreto 9.199/2017; Lei 818/1949 (the earlier nationality and naturalization statute) is partially repealed. Constitutional Amendment EC 131 of 2023-09-22 relaxed the dual-nationality rules of Art 12 §4 II. Portaria MJ 623/2020 (not the earlier Portaria 11/2018) regulates ordinary naturalization. The STF's final Marco Temporal ruling of 19/12/2025 (ADC 87 and ADIs 7582/7583/7586, Rapporteur Justice Gilmar Mendes — not Justice Edson Fachin) held the temporal-milestone doctrine inapplicable to indigenous lands, and STF Tema 1.253, decided 12/03/2026 (RE 1163774, Rapporteur Justice Carmen Lúcia), consolidated the post-ruling doctrine. The Lusophone framework is triple-layered: (1) the Brazil–Portugal Friendship Treaty of 2000; (2) the Equality Statute (Estatuto da Igualdade), Decreto 3.927/2001; and (3) the Brazil–Spain Nationality Convention of 1957 (Decreto 41.535/1957). Apex jurisdiction: the STF (Supremo Tribunal Federal — Supreme Federal Court) exercises concentrated constitutional review under Art 102; the STJ (Superior Tribunal de Justiça — Superior Court of Justice) ensures uniform interpretation of federal law under Art 105; and the five regional federal courts (TRFs) hear administrative appeals. PEC 48/2025 (a proposed constitutional amendment arising from the Congress–STF conflict) is still pending.

Governing authorities: ADCT Art 68; Decreto 4.887/2003; ILO 169 (ILO Convention 169 on Indigenous and Tribal Peoples).

Detailed criteria (cumulative):

• (a) Self-identification as indigenous/tribal under ILO Convention 169, Art 1.2;
• (b) FCP certification — for quilombola communities under ADCT Art 68 and Decreto 4.887/2003;
• (c) The STF judgment in ADI 3239/DF of 08/02/2018, together with ADC 87 and ADIs 7582/7583/7586 decided 19/12/2025 (Rapporteur Justice Gilmar Mendes), confirms these communities' original (pre-existing) rights;
• (d) Lei 14.701/2023 (promulgated 2023-10-20) has been held partially unconstitutional;
• (e) There is NO distinct indigenous nationality — this regime is a sui generis overlay of collective territorial, linguistic and cultural rights on top of base Brazilian citizenship.

Constitutional and legislative architecture (1988 Constitution + 2017 Migration Law, as of 2026): The Federal Constitution of 1988 (promulgated 1988-10-05), Art 12, establishes a tripartite taxonomy: native-born Brazilians (Art 12 I a/b/c), naturalized Brazilians (Art 12 II a/b), and indigenous and traditional communities holding a sui generis status (ADCT Art 68 for quilombolas — a four-layer framework: CF Arts 215/216, Decreto 4.887/2003, ILO Convention 169 ratified and promulgated via Decreto 5.051/2004, and INCRA Portarias 57/2009, 128/2022 and 130/2023). The contemporary architecture rests on Lei 13.445/2017 (the Migration Law, effective 2017-11-21), which repealed Lei 6.815/1980 (the dictatorship-era Foreigner Statute) and is implemented by Decreto 9.199/2017; Lei 818/1949 (the earlier nationality and naturalization statute) is partially repealed. Constitutional Amendment EC 131 of 2023-09-22 relaxed the dual-nationality rules of Art 12 §4 II. Portaria MJ 623/2020 (not the earlier Portaria 11/2018) regulates ordinary naturalization. The STF's final Marco Temporal ("temporal milestone") ruling of 19/12/2025 (ADC 87 and ADIs 7582/7583/7586, Rapporteur Justice Gilmar Mendes — not Justice Edson Fachin) held the temporal-milestone doctrine inapplicable to indigenous lands, and STF Tema 1.253, decided 12/03/2026 (RE 1163774, Rapporteur Justice Carmen Lúcia), consolidated the post-ruling doctrine. The Lusophone framework is triple-layered: (1) the Brazil–Portugal Friendship Treaty of 2000; (2) the Equality Statute (Estatuto da Igualdade), Decreto 3.927/2001; and (3) the Brazil–Spain Nationality Convention of 1957 (Decreto 41.535/1957). Apex jurisdiction: the STF (Supremo Tribunal Federal — Supreme Federal Court) exercises concentrated constitutional review under Art 102; the STJ (Superior Tribunal de Justiça — Superior Court of Justice) ensures uniform interpretation of federal law under Art 105; and the five regional federal courts (TRFs) hear administrative appeals. PEC 48/2025 (a proposed constitutional amendment arising from the Congress–STF conflict) is still pending.

1. Demarcation by FUNAI (the federal indigenous-affairs foundation): anthropological study plus the detailed identification and delimitation report (RCID — Relatório Circunstanciado de Identificação e Delimitação);
2. Homologation by presidential decree, in accordance with Decreto 1.775/1996 (the decree governing the demarcation procedure);
3. Declaratory ordinance (portaria) issued by the Ministry of Justice (MJ), followed by INCRA registration with the real-estate registry (CRI);
4. The STF Marco Temporal ("temporal milestone") ruling of 19/12/2025 (ADC 87 and ADIs 7582/7583/7586, Rapporteur Justice Gilmar Mendes) applies: Lei 14.701/2023 held partially unconstitutional, a 10-year deadline imposed on the Union, and a monthly compensation regime covering areas not traditionally occupied.

For quilombolas (ADCT Art 68 — Article 68 of the Transitional Constitutional Provisions Act):

1. The FCP (Fundação Cultural Palmares — Palmares Cultural Foundation) certifies the community's quilombola self-identification;
2. INCRA (the federal land-reform and titling agency) prepares the RTID (Relatório Técnico de Identificação e Delimitação — Technical Identification and Delimitation Report);
3. A presidential decree grants collective title pro indiviso (undivided collective ownership);
4. The STF, in ADI 3239/DF, judgment of 08/02/2018, upheld the constitutionality of Decreto 4.887/2003 (the implementing decree for quilombola land titling).

Core legal anchors: the 1988 Federal Constitution (CF/88); Lei 14.701/2023 (statute on indigenous land demarcation); the STF Marco Temporal ruling of 19/12/2025; and ILO Convention 169 on Indigenous and Tribal Peoples, promulgated in Brazil by Decreto 5.051/2004.

ADCT Art 68 (Article 68 of the Transitional Constitutional Provisions Act of the 1988 Constitution) provides that members of the remanescente quilombo communities (remanescentes das comunidades dos quilombos — descendants of historical maroon settlements) occupying their lands have their definitive ownership recognized, and the State must issue the corresponding titles. INCRA (the federal land-reform and titling agency) is the competent titling body, and certification is performed by the FCP (Fundação Cultural Palmares — Palmares Cultural Foundation), under Decreto 4.887/2003 (the implementing decree for quilombola land titling).

ILO 169 (ILO Convention 169 on Indigenous and Tribal Peoples): Brazil ratified the Convention on 25/07/2002 (Legislative Decree DLeg 143/2002); it entered into force for Brazil on 25/07/2003 and was promulgated domestically by Decreto 5.051/2004. Self-identification (Convention Art 1.2) is the governing criterion.

Approximately 6,200 quilombola communities are self-declared with the FCP, and approximately 2,800 hold titles issued by INCRA. The certification process runs under Portaria FCP 98/2007 (the FCP ordinance requiring community meeting minutes, a historical account and a formal application).

Constitutional and legislative architecture (1988 Constitution + 2017 Migration Law, as of 2026): The Federal Constitution of 1988 (promulgated 1988-10-05), Art 12, establishes a tripartite taxonomy: native-born Brazilians (Art 12 I a/b/c), naturalized Brazilians (Art 12 II a/b), and indigenous and traditional communities holding a sui generis status (ADCT Art 68 for quilombolas — a four-layer framework: CF Arts 215/216, Decreto 4.887/2003, ILO Convention 169 ratified and promulgated via Decreto 5.051/2004, and INCRA Portarias 57/2009, 128/2022 and 130/2023). The contemporary architecture rests on Lei 13.445/2017 (the Migration Law, effective 2017-11-21), which repealed Lei 6.815/1980 (the dictatorship-era Foreigner Statute) and is implemented by Decreto 9.199/2017; Lei 818/1949 (the earlier nationality and naturalization statute) is partially repealed. Constitutional Amendment EC 131 of 2023-09-22 relaxed the dual-nationality rules of Art 12 §4 II. Portaria MJ 623/2020 (not the earlier Portaria 11/2018) regulates ordinary naturalization. The STF's final Marco Temporal ("temporal milestone") ruling of 19/12/2025 (ADC 87 and ADIs 7582/7583/7586, Rapporteur Justice Gilmar Mendes — not Justice Edson Fachin) held the temporal-milestone doctrine inapplicable to indigenous lands, and STF Tema 1.253, decided 12/03/2026 (RE 1163774, Rapporteur Justice Carmen Lúcia), consolidated the post-ruling doctrine. The Lusophone framework is triple-layered: (1) the Brazil–Portugal Friendship Treaty of 2000; (2) the Equality Statute (Estatuto da Igualdade), Decreto 3.927/2001; and (3) the Brazil–Spain Nationality Convention of 1957 (Decreto 41.535/1957). Apex jurisdiction: the STF (Supremo Tribunal Federal — Supreme Federal Court) exercises concentrated constitutional review under Art 102; the STJ (Superior Tribunal de Justiça — Superior Court of Justice) ensures uniform interpretation of federal law under Art 105; and the five regional federal courts (TRFs) hear administrative appeals. PEC 48/2025 (a proposed constitutional amendment arising from the Congress–STF conflict) is still pending.

Executive and operational bodies:

• Ministry of Justice and Public Security (Ministério da Justiça e Segurança Pública — MJ) — Migration Policy Coordination, operating within the Portaria MJ 623/2020 framework (ministerial ordinance on naturalization).
• Federal Police, Department of Maritime, Airport and Border Police (Polícia Federal — Departamento de Polícia Marítima, Aeroportuária e de Fronteiras, DPMAF) — analysis of residence and criminal records.
• Ministry of Foreign Affairs (Ministério das Relações Exteriores — MRE, "Itamaraty") — approximately 170 operating consulates handling registration of citizenship by descent and Equality Statute (Estatuto da Igualdade) matters.

Judicial authorities:

• Supreme Federal Court (Supremo Tribunal Federal — STF) — constitutional review under CF Art 12 (Article 12 of the 1988 Federal Constitution).
• Superior Court of Justice (Superior Tribunal de Justiça — STJ) — uniform interpretation of federal, infra-constitutional law.
• Federal trial courts (Juízos Federais) — the majority-age nationality option in descent cases.

Specialist bodies for this route: FUNAI (the federal indigenous-affairs foundation), INCRA (the federal land-reform and titling agency) and FCP (Fundação Cultural Palmares — Palmares Cultural Foundation) act for quilombola communities. Bilateral matters are handled by the MRE's bilateral departments (Brazil–Portugal, CPLP and Brazil–Spain). On indigenous-land questions, the controlling judicial authority is the STF "Marco Temporal" (temporal milestone) ruling of the Virtual Plenary, 19/12/2025, Rapporteur Justice Gilmar Mendes.

Core documentary anchors: the 1988 Federal Constitution (CF/88); Lei 14.701/2023 (statute on indigenous land demarcation); the STF Marco Temporal ruling of 19/12/2025; and ILO Convention 169, promulgated in Brazil by Decreto 5.051/2004.