Leaders presented a letter with demands and against the “deconstitutionalization package” of indigenous rights in the Legislature
The ruralist bloc continues to press for the approval of proposals in Congress that go against indigenous rights, especially to make demarcations unfeasible. In response, last week, the Articulation of Indigenous Peoples of Brazil (Apib) promoted demonstrations in Brasília and other regions of the country, denouncing some of these projects and listing demands (see the table at the end of the report).
On Wednesday (30/10), around 400 indigenous people marched on the Esplanada dos Ministérios, protesting mainly against the Proposed Amendment to the Constitution (PEC) nº 48, which seeks to insert the thesis of the temporal framework into the Magna Carta. The project is part of what APIB called the “package of deconstitutionalization” of the rights of indigenous peoples.
Indigenous people also blocked highways in five states — São Paulo, Santa Catarina, Rio Grande do Sul, Maranhão and Roraima. The demonstrations are taking place at a time when members of the Senate's Constitution and Justice Committee (CCJ) are seeking to include PEC 48 on the voting agenda. In July, senators decided to collectively request a review of the proposal, with a commitment to analyze it starting on October 30.
The postponement of the discussion was suggested by Senator Jaques Wagner (PT-BA), leader of the government, and had unanimous support from the other members of the committee. In recent weeks, the chairman of the committee, Senator Davi Alcolumbre (União Brasil-AP), indicated that he would put PEC 48 on the agenda at any time.
Dubbed by indigenous peoples as the “PEC of Death”, the proposal seeks to modify Article 231 of the Constitution, establishing a time frame for indigenous peoples to be able to claim possession of land, setting it as October 5, 1988. The project was presented by Senator Hiran Gonçalves (PP-RR) on September 21, 2023, the date on which the Supreme Federal Court (STF) declared the same thesis of the temporal framework unconstitutional.
The thesis ignores the history of forced removals and violence that these communities have suffered, often resulting in their expulsion from the lands they traditionally occupied.
Agendas in Brasilia
During the mobilization in Brasília, indigenous people participated in agendas in Congress and the Supreme Federal Court against the “deconstitutionalization package”. letter of claims was delivered to representatives of the Executive, Legislative and Judiciary branches, with 25 demands. Among them are: the publication of a declaratory ordinance of 12 Indigenous Lands (TIs); withdrawal from processing and definitive archiving of the PECs that attack indigenous rights; the immediate declaration by the STF of the unconstitutionality of Law No. 14.701/2023, which officializes the temporal framework.
Alessandra Korap Munduruku, who participated in the meetings with representatives from the three branches of government, highlighted the environmental and climate impacts that indigenous communities are already suffering, emphasizing the importance of protecting these territories. “The whole world is concerned, but no one in the Senate is concerned about our land. They are concerned about including PEC 48 in the Constitution so that mining companies can enter our lands and sell our land. The invaders, farmers, soybean farmers, hydroelectric plants and railroads must leave.”
A member of the executive coordination of APIB, Kretã Kaingang, criticized the conciliation chamber, which is discussing Law 14.701/2023 in the STF without representation from the indigenous organization. “Our organizations and we, indigenous leaders, have the right to represent ourselves and be represented. The State cannot go back on the constituent assembly and supervise us again,” he stated.
"Deconstitutionalization Package"
Senate
PEC 48 / 2023
Amends Article 231 of the Constitution to include the time frame.
PEC 36 / 2024
Amends Article 231 of the Constitution to allow the exploration of Indigenous Lands with any economic activity, directly or even through leasing.
PEC 59 / 2023
Amends Article 231 of the Constitution. Transfers jurisdiction over demarcations from the Union to Congress.
PL 6050/2023 (originating in the CPI of NGOs)
Allows exploration of mining, prospecting, electrical energy activities, among others, in ITs.
PL 6053/2023 (originating in the CPI of NGOs)
Amends Law No. 6001/73 (Indian Statute). Provides for cases of impediment and suspicion of anthropological experts in demarcation processes. Provides that the community should only be recognized as indigenous if ways of life distinct from those of the surrounding non-indigenous community are identified, opening the way for the application of integrationist and assimilationist theories on indigenous identities.
PEC 10 / 2024
Amends Article 231 of the Constitution to allow the practice of any
forestry and agricultural activities (including monoculture), as well as entering into lease and partnership contracts to commercialize production.
PEC 132 / 2015
Amends Article 231 of the Constitution. Provides for compensation for invaders of Indigenous Lands demarcated up to October 05, 2013. It has already been approved by the Senate and, in November 2023, the President of the Chamber of Deputies, Arthur Lira (PP-AL), authorized the creation of a special committee to analyze the project.
Câmara dos Deputados
PL 4039 / 2024
Changes the demarcation process. Amends law 14.701/23 to compensate invaders of indigenous lands for material and immaterial damages in cases of repossession in areas where the demarcation process has not yet been completed. Provides for the suspension of the demarcation process while there is "irregular occupation" in the area.
PL 709/2023 (“Anti-Invasion Package”)
Amends Law 8629/1993. Criminalizes participants in occupations and land repossessions.
Anyone accused of "breaking into a home" or "dispossession" is prevented from accessing benefits and social policies, such as agrarian reform, "Minha Casa Minha Vida", social assistance, registering for public examinations, among others. It has already been approved in the Chamber of Deputies and sent to the Senate.
PL 8262/2017 (“Anti-Invasion Package”)
Authorizes the immediate eviction of land occupants by the Military Police or Federal Police, without the need for a court decision. Provides for the enforcement of repossession orders within 48 hours. Creates the criminal type of "Collective Dispossession", with a more severe penalty than dispossession. Awaiting consideration by the Chamber of Constitution, Justice and Citizenship (CCJC).
PL 4183/2023 (“Anti-Invasion Package”)
It imposes the creation of a CNPJ for social and popular movements for the purposes of civil and criminal criminalization. The obligation to acquire legal personality will apply to social movements organized in more than three states and with prominence in the local and national press. Awaiting consideration by the CCJC.
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