Minister of Justice Changes Demarcation of Indigenous Lands in Brazil

01/19/2017 - 13h15

Brazil's Minister of Justice, Alexandre de Moraes, issued an administrative rule that changes the demarcation system of indigenous land in force in Brazil since the mid-1990s.

The measure created a work group in the ministry with the power to reassess and change the ongoing demarcation processes to be submitted to the minister's approval, to perform "enquiries" and observe "the compliance with Brazil's Supreme Court (STF) jurisprudence."

On December 12, Folha had disclosed that a government plan would change the rules for the demarcation, including points favored by major agribusiness entities and the rural caucus in congress.

At the time, the Minister of Justice said that he had no knowledge of the subject and denied intentions of changing the system.

The administrative rule recently disclosed by the minister, however, includes all the main elements of the study released in December, even a "compensation" to indigenous people in the case of "loss of territory."

In practice, the Minister of Justice now has the power to change the entire process originally made by the National Indian Foundation (Funai). The measure weakens the foundation and its duties as it is now subordinated to the ministry.

The administrative rule also enables groups connected to the agribusiness, such as rural producers' unions, to pressure and influence decisions as it rules that "other means of participation of the parties with an interest may be created directly or through organizations and legally recognized associations."

As Minister Moraes's administrative rule mentions "Brazil's Supreme Court jurisprudence," it makes room for the Executive branch to adopt the "time mark" thesis suggested by some Supreme Court justices.

The thesis says that Brazilian Indians only would be entitled to their land if they were occupying it in October 1988, when the Brazilian constitution was approved, or if they received them after a court order after the period.

Translated by THOMAS MUELLO

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