Indigenous people march in Brazil’s capital against a bill that would restrict land rights

BRASILIA – Hundreds of indigenous people wearing animal prints and body paint marched on Wednesday Brazil in the capital, calling on Congress to reject a proposed constitutional amendment that could potentially paralyze and even reverse land distribution.

The bill seeks to add to the Constitution a legal theory, supported by an agribusiness group, that the Constitution’s promulgation date of Oct. 5, 1988, should be the deadline for Indigenous people to either physically occupy claimed lands or legally fight to reoccupy the territory. Caucus legislators also argue that it provides legal certainty to landowners.

Indigenous rights groups argue that the deadline is unfair because it does not take into account the expulsion and forced displacement of indigenous people, especially during Brazil’s agricultural expansion in the 20th century.

“We recognize the interests of mining companies, ranchers and oil companies on our lands. How many lives will be destroyed if this bill passes?” Alessandra Korap, chief of the indigenous Munduruku tribe, told The Associated Press.

On September 21, 2023, the Supreme Court rejected the deadline concept that was part of the lawsuit filed by the State of Santa Catarina. In a majority vote, Justice Louis Fuchs said that territories associated with the origins and traditions of indigenous peoples are protected by the Constitution, even if they are not officially recognized. It was moment of universal celebration among indigenous peoples and their advocates.

A week after the ruling, pro-agribusiness lawmakers began pushing for Congress to approve the deadline. One initiative is a proposed constitutional amendment that the indigenous movement fears will be put to a vote in the coming days.

Congress also passed the law in December which set the deadline as 1988. The indigenous movement and political parties appealed to the Supreme Court, which has yet to rule on the matter. During a speech in Congress, the author of the constitutional amendment, Senator Hiran Gonsalves, said that his proposal was aimed at finally resolving the issue, thereby ending legal uncertainty.

Dinamam Tuxa, head of the advocacy group Articulation of Indigenous Peoples of Brazil, told The Associated Press that if approved, the bill would lead to a halt in the demarcation of indigenous lands, an escalation of socio-ecological conflicts and an increase in deforestation.

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Maisonnave reports from Brasilialandia

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