Indigenous territory (Brazil)

, Bahia.|alt=A rock painting of an animal in red paint Jurists distinguish between Indigenous lands in a broad sense and Indigenous lands in a strict sense. Strictly speaking, Indigenous lands are those defined in the 1988 Constitution as traditionally occupied. In a broader sense, they include those defined in the of 1973, which encompasses traditionally occupied lands, reserved lands (with four categories), and community-owned lands. The Constitution guarantees Indigenous peoples possession of the lands they traditionally or ancestrally inhabit, regardless of their location, with no room for disputes over the feasibility or appropriateness of demarcation as established. However, such disputes are common, as seen in the demarcation of the Raposa Serra do Sol Indigenous Territory. Only Indigenous lands in the constitutional sense, those traditionally occupied, are subject to the demarcation process. In contrast, a reserved Indigenous land is one allocated by the federal government based on its discretion, which may be subject to judicial review, including considerations of viability and national security. These lands have four categories: Indigenous reserve, Indigenous park, Indigenous agricultural colony, and Indigenous federal territory. Community-owned lands (or proprietary lands) are those owned, not merely possessed, by Indigenous peoples, acquired through purchase or donation. According to Lívia Mara de Resende's analysis, all these categories are controversially defined, and their practical application has sparked numerous disputes. There is uncertainty about whether the constitutional provisions for Indigenous lands—such as their inalienability, unavailability, and immunity to adverse possession—apply to reserved lands and community-owned lands. It is also debated whether the special rules in the Indian Statute for Indigenous lands in the broad sense, such as their immunity to adverse possession, remain applicable, given that reserved and community-owned lands are not considered Indigenous lands under the constitutional definition. == History and legal framework ==

Context of the Conquest included in Brevísima Relación de la Destruyción de las Indias (1552) by Bartolomé de las Casas. The first humans to inhabit what would become Brazil arrived thousands of years ago. They established deep roots, developed diverse and rich cultures, and by 1500, an estimated 2 to 5 million people lived there. That year, however, European conquerors, the Portuguese, reached the coast. Initial contacts appeared friendly, as described in the Letter of Pero Vaz de Caminha, and assistance from some tribes was crucial for the survival of many expeditions and early Portuguese settlements, fostering extensive trade and cooperation on various levels. Some Portuguese were so captivated by the Indigenous way of life that they "went native," living in the forests among them, forming families, and producing descendants, or adopting certain Indigenous customs. Soon, however, the true intentions of the conquest became evident and increasingly dire. Imposing dominance by any means, the Portuguese subjected the land's original inhabitants to systematic abuses, including mass murders, torture, and rape, driving survivors deeper into the remote interior. In their wake, they built an entirely distinct civilization and a vast state, where Indigenous peoples were deemed an inferior and incapable race, destined by God to be subdued by the sword and, perhaps, aided by Portuguese culture under the banner of Christ. Despite the grandeur and charity embedded in such concepts, they generally served only the Portuguese. They incited rival Indigenous groups to wage war against each other for indirect benefits, used others repeatedly as allies against pirates and French and Dutch invaders, and allowed many villages to exist solely to mark new Portuguese frontiers and, above all, defend them, in the context of territorial expansion beyond Spanish domains and the limited military forces deployed to Brazil. Virtually the entire modern Brazilian Amazon, west of the Tordesillas Line, resulted from the permanent establishment of Indigenous villages transformed into Portuguese strongholds. These involuntary spearheads, such as the Macushi and Wapishana of Roraima, were called the "ramparts of the wilderness".'''''' (17th century). The Captaincy of Pernambuco was the birthplace of Indigenous slavery in Brazil. from the early 19th century. Massacres of resistant and hostile groups, as noted, were frequent, including those during the Guaraní War, the Tamoyo Confederation, the Potiguar revolts, and the Barbarian War, despite various royal and ecclesiastical decrees condemning such abuses. A large population ended their lives as slaves, serving the Portuguese in households, labor, and militias. Many Portuguese were horrified by the atrocities and sought to defend the Indigenous peoples, and since 1537, the Catholic Church recognized them as "true men". But violence and neglect were not the only tolls: vast populations were decimated by diseases from overseas, such as influenza, measles, whooping cough, tuberculosis, and smallpox, against which their bodies had no natural immunity, and others, addicted to aguardente, a distilled spirit widely distributed by the Portuguese, were ravaged by alcoholism. In the words of former FUNAI president Carlos Marés de Souza Filho, :: "The Europeans, especially the Portuguese and Spanish, arrived in America as if expanding their agricultural frontiers. They extracted wealth, devastated the soil, and replaced the natural environment with one they knew and controlled. The local populations lived off what was here, eating corn or cassava, producing biju, rich meats from native animals, birds, or fish. Gradually, new foods were introduced—goats, sheep, cheeses—and new plants, like sugarcane, coffee, and beets. The introduction of new species spared neither trees nor fruits, to the point that it could be said the natural world was replaced." Nonetheless, they generally recognized the Indians' remarkable artistic talent and deep capacity for emotional devotion and personal loyalty. Early Protection Laws , 1822 With the establishment of the General Government in Salvador in 1549, the first regulations concerning Indigenous peoples emerged in a Regimento that ensured protection for Crown allies and granted Jesuits significant influence over Indigenous affairs. As a result, the decree had limited impact, and European expansion onto Indigenous lands continued unabated. The Portuguese state itself, which issued the decree, often actively or passively supported exploitation. For instance, the Diretório dos Índios of 1757 suppressed many traditional customs and promoted the secularization of missions following the expulsion of the Jesuits, yet it prohibited enslavement and recognized Indigenous peoples as subjects of the Crown. This law enabled the first lawsuits filed by Indigenous groups against the state, many of which were successful. Meanwhile, obstacles continued to multiply. A Royal Charter of 1798, while granting citizenship status to "civilized" Indigenous peoples, relegated them to vassals and declared those still in the forests as orphans under state tutelage, subject to forced labor at any time. they were not mentioned in the Constitution of 1824, Upon the Republic's establishment, positivists showed great interest in Indigenous peoples, viewing them as true nations with rights to self-determination. Despite the influence of Positivism on national politics at the time, The Service secured some traditional lands for their original inhabitants, protected them from invasions, and, to some extent, recognized the value of their cultures and institutions. Nevertheless, the 1916 Brazilian Civil Code reaffirmed Indigenous peoples as legally incompetent, subjecting them to tutelage until deemed assimilated into civilization. In practice, the Service's activities, while preventing many imminent massacres, focused on pacifying uncontacted groups, acculturating them, and turning them into small-scale farmers. From the 1940s on, interest in Indigenous issues grew among anthropologists, sociologists, ethnologists, historians, environmentalists, and philosophers. Figures like Darcy Ribeiro and the Villas-Bôas brothers significantly increased their visibility and respect, reporting their oppression and abandonment while highlighting the richness and originality of their cultures. On the other hand, the military regime placed the Amazon at the center of developmentalist policies. Previously largely untouched by civilization, it was now seen as vital for national integration under the doctrine of national security. Many villages were displaced for colonization, forestry, and agriculture projects, or for infrastructure developments like roads, power lines, and dams. Both private entities and the state were authorized to exploit natural resources on Indigenous lands on a large scale. The Statute defined the legal status of Indigenous peoples and their communities, aiming to "preserve their culture and integrate them, progressively and harmoniously, into the national community." It considered Indigenous peoples integrated when they were "incorporated into the national community and recognized as fully exercising civil rights, even while retaining customs, traditions, and practices characteristic of their culture." According to the Statute, reserved areas include the following modalities: • Indigenous Reserve, as described above; • Indigenous Agricultural Colony, intended for mixed occupation by acculturated Indigenous peoples and non-Indigenous individuals, aiming to reconcile conflicts between Indigenous land claims and the interests of non-Indigenous occupants; • Federal Indigenous Territory, an administrative unit under the Union with at least one-third Indigenous population, a modality never implemented; • Indigenous Park, inspired by the Xingu National Park, defined as "an area within land possessed by Indigenous peoples," associated with environmental preservation. The Statute also declared null and void any legal effects of "acts of any nature concerning the ownership, possession, or occupation of lands inhabited by Indigenous peoples or communities." However, it reserved the Brazilian state's right to intervene in these lands in specific cases, such as "for national security imperatives," "for public works in the interest of national development," or "for the exploitation of subsurface resources of significant importance to national security and development." The definitions of "national security" and "significant importance," and their judicious application, have been highly controversial ever since. According to Luciana Alves de Lima, ::"For the first time, Indigenous peoples were protected by specific legislation. However, while this law aims to protect Indigenous culture, it places greater emphasis on integrating Indigenous peoples into the national community. The Indian Statute, in its Article 4, classifies Indigenous peoples as isolated, in the process of integration, or integrated. Isolated Indigenous peoples are those with no or minimal contact with non-Indigenous populations. Those in the process of integration live in 'intermittent or permanent contact with outsiders, retaining a lesser or greater degree of their native lifestyle, but adopting some practices and ways of life common to the broader national community, increasingly relying on these for their sustenance.' Integrated Indigenous peoples are those 'incorporated into the national community and recognized as fully exercising civil rights, even while retaining customs, traditions, and practices characteristic of their culture.' The law also regulates, across its 68 articles, issues concerning land rights, cultural heritage, bilingual education, healthcare, criminal provisions, and the assets and income of Indigenous heritage." This right was reinstated because the Constituent Assembly broke with the prior assumption that Indigenous cultures were destined to be assimilated and homogenized into Brazilian culture. Instead, it recognized their intrinsic value and the essential role of traditional lands in preserving these cultures intact, as expressed in Chapter VIII, "On Indigenous Peoples": "Lands traditionally occupied by Indigenous peoples are those permanently inhabited by them, used for their productive activities, essential for preserving the environmental resources necessary for their well-being, and required for their physical and cultural reproduction, according to their customs, traditions, and practices." The Constitution also nullified any acts aimed at occupying, owning, or possessing these lands, except in cases of "significant public interest of the Union." The Constitution further guaranteed the right of Indigenous individuals, communities, and organizations to represent themselves in court to defend their rights and interests, with the Public Prosecutor's Office mediating all proceedings. However, this regulation has not progressed. Conversely, the Constitution dedicated an entire chapter to the natural environment, with significant implications for Indigenous lands, now recognized as treasures of biodiversity and sources of invaluable environmental services for all. . Museu Paraense Emílio Goeldi|alt=Sophisticated pottery Meanwhile, the dire situation of Indigenous peoples worldwide was debated in international forums, leading to the creation of organizations and commissions to address and help resolve their issues. Broad initiatives by the United Nations and its affiliates, such as the International Labour Organization and UNESCO, resulted in international conventions and standards governing relations between civilized societies and Indigenous peoples, seeking to ensure mutual rights harmoniously while particularly protecting Indigenous peoples due to their vulnerable and historically oppressed condition. and established the International Day of the World's Indigenous Peoples, aiming to raise global awareness. Organization of the Indigenous Movement and Overview of the Current Scenario , one of Brazil's most prominent Indigenous leaders|alt=An elderly man is looking forward. He wears traditional garments on his head and lower lip Meanwhile, the awareness and organization of Brazilian Indigenous peoples grew stronger, seeking greater autonomy from a government stance perceived as paternalistic and welfare-driven, increasingly seen as more harmful than beneficial. Leaders such as Marçal de Souza, Ailton Krenak, Mário Juruna, Marcos Terena, and Raoni began gaining national and international recognition. They connected with other social movements but remained largely uncoordinated among themselves. To address this, during the of 2005, the Articulation of Indigenous Peoples of Brazil (APIB) was established, uniting many regional associations to consolidate demands and unify the Indigenous movement's agenda. According to political scientist Bruno Lima Rocha, the APIB "elevates the status of this struggle, as by fostering self-representation, it surpasses the condition of tutelage and indirect delegation through entities like the Indigenous Missionary Council and the ongoing contradictions within the National Indian Foundation." Churches, academics, NGOs, and various social sectors in recent decades have devoted attention to Brazilian Indigenous peoples, providing significant support for many of their land-related demands. In 2006, after intense pressure, the government approved the creation of the National Indigenous Policy Commission, subordinate to FUNAI, to "assist in intersectoral government coordination and promote greater Indigenous participation and social oversight of government actions." The stance of the Indigenous Missionary Council, a respected Catholic organization advocating for Indigenous rights and affiliated with the Episcopal Conference of Brazil, summarises the main criticisms: ::"The extermination of Indigenous peoples continues through the confinement of communities to insufficient lands; the government's delays in land demarcation processes; neglect in healthcare and education; the public authorities' inaction against daily aggressions; the invasion of lands by loggers, land grabbers, and ranchers; and the systematic violence against Indigenous peoples. These threats to their lives are no less severe than those faced in other periods of our history." ==Demarcation process==

|alt=Several Indigenous protesters wearing traditional garments Land possession is the primary demand of Brazilian Indigenous peoples. The purpose of demarcation is to materially secure their right to land. The process was first established in a 1973 law commonly known as Estatuto do Índio and has been revised several times, most recently in 1996. The Indian Statute specified that all Indigenous lands should be demarcated by 1978, and the 1988 Constitution also set a five-year deadline. The demarcation process follows a systematic procedure, as outlined in Article 19 of the Indian Statute and regulated by the Executive Branch. The current procedure is stipulated by Decree 1.775 of January 1996 and consists of the following stages: • Identification Studies: An anthropological study is conducted by an anthropologist recognized as competent by FUNAI to identify the Indigenous land within a set timeframe. Subsequently, a specialized technical group, coordinated by an anthropologist and preferably composed of Funai technicians, conducts complementary studies. This group performs sociological, legal, cartographic, environmental, and land tenure analyses to define the boundaries of the Indigenous land. The report submitted to Funai must include the data specified in Portaria nº 14 of 9 January 1996. • Funai Approval: The report is presented for Funai's review. If approved by Funai's president, a summary of the report is published in the Diário Oficial da União (Official Federal Gazette) and the Official Gazette of the state where the lands are located, within fifteen days. The summary must also be posted at the local municipal office. • Contestation Period: Any interested party may contest the recognition of the Indigenous land from the start of the process until 90 days after the summary's publication in the Diário Oficial. Contesters submit their reasons and relevant evidence to Funai. Contestation may aim to identify flaws in the report or demand compensation. After the contestation period ends, Funai has 60 days to prepare opinions on the contestations and forward them to the Ministry of Justice. • Delimitation: The Minister of Justice has 30 days to issue a resolution, which may: declare the area's boundaries and order its physical demarcation; prescribe additional measures to be completed within another 90 days; or disapprove the identification, publishing a reasoned decision based on Paragraph 1 of Article 231 of the Constitution. • Physical Demarcation: If the boundaries are declared, FUNAI is responsible for the physical demarcation. The INCRA handles the resettlement of any non-Indigenous population occupying the area. • Homologation: The President of the Republic is responsible for the homologation of the Indigenous land. • Registration: After homologation, the land must be registered within 30 days at the property registry office of the district where it is located and with the Union's Heritage Service. Even after this process, the lands require further regularization to address issues such as the presence of squatters or unauthorized resource exploitation. Additional measures are necessary to ensure the preservation of Indigenous cultures, social identity, and the full citizenship of their individuals. == Area and Population ==

The total area of Indigenous lands is constantly changing, with many lands involved in legal disputes or still in the identification and delimitation phases. In 2006, these lands covered 125,545,870 hectares. By 2009, there were 611 areas spanning 105,672,003 hectares, divided into delimited lands (33; 1.66%), declared lands (30; 7.67%), homologated lands (27; 3.40%), and regularized lands (398; 87.27%), including 123 lands under study with areas yet to be researched and defined. , there were 702 Indigenous territories in Brazil, covering 1,172,995 km2 – 14% of the country's land area. As of 2020, 120 areas were in the formal process of being identified, covering a total of 1,084,049 hectares; 43 had been formally identified (2,179,316 ha); 74 had been formally declared (7,305,639 ha) and 487 had already been formally approved (106,858,319 ha). There are also groups seeking recognition of their Indigenous status to secure their lands. Population counts in Brazil, regarding ethnicity, rely on self-declaration. The 2022 IBGE census recorded 1,694,836 people identifying as Indigenous, with 914,746 living in urban areas and 780,090 in rural areas. They are divided into 279 ethnic groups, accounting for about 0.83% of the country's total population. The North region has the highest proportion, with 753,780 people being Indigenous. With an original population in the 16th century estimated at 2 to 5 million, possibly more, after a steady decline until the 1980s, the Indigenous population is now growing, though some ethnic groups are not following this trend and are nearing extinction. Seven groups had fewer than 40 members at the time of the 2010 survey. Historically, many have already gone extinct. Indigenous territories by state (2022) ==Conflicts and controversies==

Criticism Land ownership is a contentious issue in Brazil. In the 1990s, as much as 45% of the available farmland in the country was controlled by 1% of the population. Some advocates of land reform have therefore criticised the amount of land reserved for Indigenous peoples, who make up just 0.2% of the national population. According to this view the 1988 Constitution's approach towards Indigenous peoples' right to land is overly idealist, and a return to a more integrationist policy is favoured. In the Raposa Serra do Sol dispute, settlers and their advocates charged TIs with hindering economic development in sparsely populated states such as Roraima, where a large proportion of the land is reserved for Indigenous peoples despite commercial pressures to develop it for agricultural use. Instituto Socioambiental, a Brazilian Indigenous rights group, argue that the disparity between Indigenous population and land ownership is justified because their traditional subsistence patterns (typically shifting cultivation or hunting and gathering) are more land extensive than modern agriculture, and because many TIs include large areas of agriculturally unproductive land or are environmentally degraded due to recent incursions. Public Policies and Legislation The Brazilian government is responsible for ensuring the legal rights of Indigenous peoples. Several ministries, such as Justice and Environment, are directly involved, with Funai overseeing the implementation of public policies for Indigenous peoples, supported by various other entities and societal participation. Also noteworthy is the creation of the National Policy for Environmental and Territorial Management of Indigenous Lands, which aims to develop "integrated and participatory strategies for sustainable development and Indigenous autonomy." In 2013, its Management Committee was established, with participation from government and community representatives. Until 2013, the government sought partnerships with society and the international community to better manage the complex issue of Indigenous territories, implementing numerous interconnected programs, including protection against violence, international cooperation, land regularization, scientific research, awareness campaigns, promotion of quality of life, healthcare, support for productive activities, preservation of historical heritage, archaeological sites, and intangible heritage, poverty reduction, general education, and technical training. Possession of their traditional lands is fundamental for Indigenous peoples. These lands are considered sacred, holding the graves of their ancestors, the origins of their myths, and sustaining their culture and way of life, which define each people's unique identity. The equality of Indigenous peoples with other peoples, their right to self-determination, and their right to preserve their lands and cultures are internationally recognized and enshrined in the United Nations Declaration on the Rights of Indigenous Peoples, of which Brazil is a signatory. Among the laws considered serious threats to Indigenous survival and cultural integrity is Portaria 303/12, published under pressure from the ruralist caucus to authorize government projects on Indigenous lands without prior consultation, as required by the Constitution, citing the Union's significant interest. In 2012, Maria Luiza Grabner, Regional Federal Prosecutor in São Paulo, stated that irregular cases are already numerous: "This is one of the biggest complaints from Indigenous peoples. Projects are happening, and laws are being passed without real consultation. Often, what occurs is mere communication, informing that the project will proceed, without building an agreement." According to anthropologist Manuela Carneiro da Cunha, one of Brazil's most respected scholars on Indigenous issues, "the government is sacrificing Indigenous rights," launching "an unprecedented offensive in Congress against Indigenous peoples. [...] The president seems increasingly hostage to the PMDB and agribusiness, allied with evangelicals. This bloc fiercely opposes demarcation and eviction (removal of invaders) from Indigenous areas." After two years waiting to meet with the Presidency, on 18 April, over 700 leaders representing 121 Indigenous peoples expressed their indignation: ::"We protest because our relatives are being murdered, because our lands are not demarcated. We requested an audience with Dilma, but the most they offered was a meeting with Minister Gilberto Carvalho and other ministers on Friday, 19 April, Indigenous Peoples' Day, so the government could have a photo for its propaganda, showing concern for Indigenous issues. No, we no longer want to talk to those who solve nothing! Two years ago, during the 2011 Free Land Camp, we Indigenous peoples submitted a list of demands to these ministers, and nothing was addressed. Since then, we've lost count of how many times Dilma has met with landowners, construction companies, miners, and hydroelectric groups. She issued decrees and ordinances to benefit them, while barely demarcating or homologating our traditional lands. She allowed her congressional base to hand key committees to ruralists and their allies." Sônia Guajajara, an Indigenous representative, called the meeting with Dilma "historic" for fulfilling a long-standing desire and opening dialogue. However, she rejected the Presidency's decision to alter consultation processes for demarcations and infrastructure projects on Indigenous lands "without free, prior, and informed consent." They demanded active participation in all processes, the repeal of harmful legal instruments, and other measures to prevent what they described as the "planned extinction" of their peoples orchestrated by the government. Despite some progress in recent decades, resulting in population growth and increased land area for Indigenous peoples, During the Bolsonaro administration, the legal situation of Indigenous peoples worsened further. According to Marcos Pereira Rufino: ::"The federal government's actions under Jair Bolsonaro's administration regarding Indigenous policy are marked by strong antagonism toward Indigenous territorial rights, enshrined in the 1988 Constitution, and toward public policies for these populations established over the past three decades of civilian governments. As president, Jair Bolsonaro worked to fulfill his campaign promise not to demarcate any Indigenous lands during his term, avoiding the creation of territories that, in his words, could become 'new countries in the future.' Beyond obstructing new demarcations and various initiatives attacking rights enshrined in the Constitution, the president and other members of his government made hostile and inappropriate statements about the country's Indigenous peoples, expressing a mix of anger, fear, indignation, and apprehension, reproducing a discursive structure long present in the rhetoric of political and economic groups that supported him in the 2018 election, such as those tied to agribusiness, mining, and logging." at the Parliamentary Commission addressing the Yanomami humanitarian crisis, 2023|alt=A woman is sitting behind a desk and speaking on a microphone. She is wearing a traditional head piece and there's another woman next to her. During his term, 795 Indigenous people were killed, according to the Indigenous Missionary Council's report, which cited land invasions, neglect or denial of healthcare, reduced funding for protective agencies, racism, threats, and physical and sexual violence as structural causes contributing to Indigenous extermination. According to Bruna Bronowski, "Bolsonaro's government did not demarcate a single centimeter of Indigenous land in Brazil, as promised before taking office. Its Indigenous policy is considered 'genocidal' and promotes the 'normalization' of Indigenous deaths." A recent positive development for Indigenous peoples was the 2023 Supreme Federal Court ruling against the milestone thesis for land demarcation, which required proof of occupation in 1988, the year the Constitution was promulgated. However, this victory did not solve the issue entirely, and the ruralist caucus vowed to respond. According to Evair de Mello, vice-president of the Agricultural Parliamentary Front, "we will need to take some procedural steps. [...] We can obstruct the government's agenda, propose a new bill, and take it to the plenary. From Parliament's perspective, anything is possible." The ruralist caucus holds a congressional majority and, fulfilling their promise, in October, Congress urgently passed Law 14.701, amending the Constitution to authorize the milestone thesis. The Public Prosecutor's Office deemed the law unconstitutional and contrary to international treaties signed by Brazil, and President Lula vetoed its main points. On 14 November, Congress overturned the presidential veto on most vetoed points by a wide margin, also removing several protections for Indigenous lands: it banned the expansion of already demarcated lands, authorized military and Federal Police activities and the installation of military bases without prior community consultation, and permitted highway expansion, electricity exploitation, and the safeguarding of natural resources deemed strategically important, also without prior consultation. The Ministry of Native People announced it would engage the Attorney General's Office to file an unconstitutionality action with the Supreme Federal Court. According to BBC reporter Leandro Prazeres, "the clash between the government and ruralists is far from over." Development Pressures Opposition to Indigenous interests is significant among various societal sectors, particularly those tied to economic development, which wield substantial capital and political influence. Agribusiness faces the most accusations from Indigenous advocates and is one of the most influential sectors shaping Brazil's political and economic direction. Its strength lies in its significant share of exports: in 2019, it accounted for 43% of total exports, generating annual revenues above 90 billion dollars since 2011. Most ruralist complaints argue that Indigenous peoples are few and their lands too vast, taking space that could be used for crops or cattle grazing, posing a threat to food security and the economy. However, this claim lacks solid grounding, as assessments by Embrapa technicians and a joint statement by the Brazilian Society for the Advancement of Science and the Brazilian Academy of Sciences assert that Brazil does not lack land; what is needed is better use. It is estimated that Brazil has 340 million hectares of arable land, half of which are pastures, with at least 100 million hectares of pastures underused. According to the Indigenous Missionary Council (CIMI): ::"The ruralist caucus attacks Indigenous peoples' rights through various instruments in the Chamber of Deputies and Senate. Over a hundred legislative proposals contrary to Indigenous rights are under consideration in both houses. Among them are Constitutional Amendment Proposals (PECs) 215/2000, 038/1999, and 237/2013. Indigenous peoples know that ruralists aim to use PEC 215/2000 today as they did with the Forest Code in 2012: to weaken Indigenous rights and gain control to prevent land demarcations. [...] Demarcations stalled by the federal government and ruralists attacking to block new demarcations, review existing ones, and exploit demarcated lands—this is what Indigenous peoples see in Brazil's Indigenous policy landscape. It is against this synchronized attack by the federal government and agribusiness that Indigenous peoples react to preserve and enforce their rights, in legitimate defense of their existence as individuals and peoples." According to the Constitution, "mineral prospecting and extraction on Indigenous lands can only proceed with Congressional authorization, after consulting affected communities, with their guaranteed share in the results, as provided by law." However, this matter remains unregulated. All mining in the form of small-scale mining by non-Indigenous people is prohibited on Indigenous lands, yet illegal miners are common. For example, the Cinta Larga lands were invaded by 5,000 miners, speculators, smugglers, and organized groups after discoveries of diamonds, cassiterite, and other minerals. An April 2013 Instituto Socioambiental study highlighted mining pressures: "There are 152 Indigenous lands in the Amazon potentially threatened by mining projects. All mining processes on Indigenous lands are suspended, but if released, they would cover 37.6% of these areas." The controversial Law 1.610 under consideration in Congress seeks to enable this. According to Raul Silva Telles do Vale from Instituto Socioambiental, Indigenous lands are far more valuable as generators of environmental services than as fields for extracting finite natural resources. Mining's environmental impacts include pollution and siltation of rivers, land transformation, and deforestation, alongside social impacts from Indigenous contact with outsiders. Institutional Crisis and Human Rights The relationship between Indigenous peoples and the Brazilian government has been chronically and notoriously tense. In a 2013 official statement, the Articulation of Indigenous Peoples of Brazil (APIB) clarified that "the so-called 'participatory process,' with regard to the country's Indigenous peoples and organizations, has strictly not occurred, despite a few isolated and informal meetings with some peoples and communities. [...] The General Secretariat of the Presidency [...] has sought to discredit the organizations of the Indigenous movement, fostering internal division and weakening not only the movement but also the official Indigenous agency, Funai, contrary to our peoples' and organizations' aspirations for strengthening the institution." The Brazilian judiciary has been inconsistent in its rulings, often prolonging demarcation processes for decades, further complicating the issue. and other government departments face similar corruption allegations. Even many Indigenous people view FUNAI as having lost credibility, describing it as either dilapidated, outdated, incompetent, or staffed with corrupt officials who sometimes override dissenting leaders and communities or co-opt others with bribes. In 2013, the government intervened in FUNAI, stripping it of its exclusive authority over demarcations and redistributing some of its responsibilities to other agencies tied to social and economic development. During the Bolsonaro administration, Indigenous policy faced further setbacks. Funai was significantly weakened, and its actions have been heavily criticized by Indigenous advocates and environmentalists, who accuse it of serving interests harmful to Indigenous peoples, primarily driven by business and evangelical groups. Numerous technical positions were filled by unqualified individuals, its budget was drastically cut, Indigenous lands faced legal threats, new demarcations were halted, invasions by land grabbers, loggers, ranchers, and mining companies surged by 150% since his election, and violent conflicts escalated. According to Márcio Santilli of the Instituto Socioambiental, "FUNAI has been turned upside down: the current Indigenous policy promotes political isolation and division among Indigenous peoples to facilitate the plunder of their lands' natural resources." In January 2020, several major Indigenous organizations issued a manifesto stating that "the threats and hate speech of the current government are promoting violence against Indigenous peoples, the murder of our leaders, and the invasion of our lands." Bolsonaro also proposed a bill to allow mining in reserves, sparking further protests. According to Carlos Rittl, executive secretary of the , "the anti-environmental agenda continues and started 2020 with great voracity. Claiming it will bring benefits to Indigenous lands, it will keep fueling conflict, increase deforestation, river pollution, mercury contamination, and heighten threats of violence against Indigenous peoples and local Amazon communities." However, such cases are rare in the broader context. According to a statement by the Articulation of Indigenous Peoples of Brazil, "It must be said: the majority of Indigenous peoples and communities in Brazil do not share the aspirations of a minority of individuals who are swayed and misled by the disguised ill intentions of this government." The conflicts sparked by these disputes have escalated to armed struggles. Numerous violent clashes have occurred between Indigenous peoples and private and public security forces, miners, contractors, farmers, and other armed groups, resulting in many deaths. In 2012, violence against Indigenous peoples surged by 237% compared to 2011, typically linked to land demarcation disputes. According to CIMI, 563 Indigenous people were murdered in the country over the past decade. CIMI's 2018 report noted ongoing violence, with 110 murders, 847 cases of omission and delays in land regularization, 20 territorial rights conflicts, 96 cases of land invasions, illegal resource exploitation, and property damage, and 59 cases of timber and mineral theft, illegal hunting and fishing, soil and water contamination by pesticides, and arson, among other crimes. Indigenous suicides reached 128. The 2019 CIMI report recorded 277 cases of violence against Indigenous peoples, with 113 resulting in death. Land invasions rose from 109 in 2018 to 825 in 2019. These grievances, documented globally, have led to complaints at international forums like the International Labour Organization and the United Nations, which have questioned the government about reported irregularities and crimes, demanding explanations and corrective measures. In November 2019, the Human Rights Advocacy Collective and the Arns Commission filed a complaint with the International Criminal Court accusing Jair Bolsonaro of "crimes against humanity" and "incitement to genocide against Brazil's Indigenous peoples." In July 2020, the Articulation of Indigenous Peoples of Brazil filed a complaint with the Supreme Federal Court, arguing that institutionalized racism exists and that "a genocide is underway." Among the most concerning recent conflicts are those involving the Guarani-Kaiowá and Cinta Larga, the demarcation of the Raposa Serra do Sol Indigenous Territory, the transfer of the São Francisco River, and the construction of the Belo Monte Dam, which have affected dozens of peoples. While legislation ensures defense agencies' access to Indigenous lands, their operations often lead to conflicts with Indigenous communities, particularly in international border areas. Some military officials argue that reserves along borders are vulnerable to invasion and could serve as bases for international organized crime. Additional arguments come from General Luiz Eduardo Rocha Paiva, whose controversial views are shared by some peers, according to certain scholars: Nelson Jobim, former president of the Supreme Federal Court, as well as former Minister of Defense and Justice, argues that national security concerns do not apply to Indigenous land demarcation. He believes the discord stems from a misunderstanding of the law, as the debate should focus on the possession and usufruct of land, not its ownership, since, under the Constitution, all Indigenous lands are inalienable Union property. Culture and Environment ''.|alt=Indigenous leader speaking at a conference with his hands up |alt=Guarani Indigenous people selling crafts on the streets Awareness among Indigenous peoples is growing daily. Many are studying at universities to better defend their peoples' rights, gaining support from numerous international organizations and influential figures. Their mobilizations and public protests now attract significant societal attention. However, despite recent studies indicating increased political influence of Indigenous peoples across the continent, this has not translated into improved public policies directed toward them. Given delays in demarcation and the rapid expansion of the agricultural frontier, the idea of substitute Indigenous reserves outside traditionally inhabited areas has resurfaced as a way to resolve conflicts with squatters or farmers, which often lead to lengthy legal disputes. However, this solution faces resistance from Indigenous peoples and advocates, who view it as a setback to their right to lands they have inhabited for centuries and to which they are deeply connected. In 2001, over 90,000 Indigenous students were enrolled in formal schools within reserves, supported by the government and communities. The 2012 National Curriculum Guidelines for Indigenous Education aim for all teachers in villages to be Indigenous. Beyond issues of invasions and unconsulted uses, which fragment many Indigenous lands with roads, bridges, railways, power lines, dams, mining, squatters, and other invasive interference, others are progressively isolated within a heavily altered surrounding environment, suffering impacts from environmental degradation in neighboring areas, such as invasive species, aquifer depletion, wildfires, and soil and water contamination by pesticides used on adjacent farms, indirectly threatening their sustainability even if the reserves themselves remain well-preserved. Reserves in the South, Northeast, and Southeast, all small in size, are the most affected, but even vast areas like the Xingu Park face such impacts. Resolving the Indigenous land issue will have significant effects for these peoples, enabling the survival of their unique cultures, which are deeply tied to their natural environment, and for forest conservation, given the extensive deforestation in Brazil and numerous threats to biodiversity and ecosystems, ultimately benefiting society at large. Indeed, many of these communities are considered models of sustainable forest management, and the Millennium Ecosystem Assessment, one of the most comprehensive scientific syntheses on the environment in recent decades, stated that Indigenous peoples can be as effective at forest preservation as conventional protected reserves. However, defining how Indigenous peoples should use their lands' resources, to which they have constitutional rights, remains contentious. Even within the Indigenous movement, there is uncertainty. Some advocate that Indigenous peoples should act as environmental guardians, keeping the land untouched and adhering to traditional subsistence practices, while others support sustainable management in Western models, including commercial production and capital accumulation—a right guaranteed to all Brazilians but subject to a different legal framework, raising the potential for new conflicts from the outset. In the 2010 census, about 42% of those who identified as Indigenous lived outside Indigenous lands, with roughly 78% of them in cities. Of all Indigenous people over five years old, only 37.4% spoke their ethnic group's language. Many still feel ashamed of their Indigenous identity. However, many urbanized groups value their roots and strive to preserve them in this challenging environment, raising new questions about what it means to be Indigenous in the 21st century. According to anthropologist Lúcia Helena Rangel, a professor at PUC-SP, "Brazilian elites do not want to recognize Indigenous rights and create tensions between the population and communities, fostering a racist discourse, especially toward Indigenous people living in cities." She adds: ::"The underlying issue is land. However, we cannot reduce everything to this question. But many problems stem from it, because when a land is not recognized, Indigenous people lack access to healthcare, educational programs, agricultural inputs, food projects, etc. So, it's a land issue, a dispute over Indigenous lands, and a failure to recognize Indigenous rights to their lands [...] Moreover, some say certain Indigenous people are no longer Indigenous because they have curly hair, live in cities, or are 'mixed,' meaning they have fewer rights than others. In a mestizo country like ours, where everyone is mixed, Indigenous people cannot be mixed. At times, they are deemed too Indigenous and a nuisance; at others, they are not Indigenous enough and have no rights. So, Indigenous people never have a place." == See also ==