Congress resumes timeframe for indigenous lands

This Thursday (14), the National Congress overturned most of President Luiz Inácio Lula da Silva’s (PT) vetoes on the bill (PL) on the time frame for the demarcation of indigenous lands. With the vetoes overturned, the rule is established that new reserves can only be demarcated in areas that were already occupied by indigenous people on the date of promulgation of the Constitution, on October 5, 1988. This prevents the creation of reserves in new areas based in anthropological reports and hinders the government’s plans to expand indigenous lands in the country.

The voting score was 321 votes for overturning Lula’s veto and 137 for maintaining it in the Chamber of Deputies, in addition to one abstention. In the Senate, there were 53 votes for rejecting the veto and 19 for continuity. Check out how each parliamentarian voted to overturn Lula’s veto on the time frame.

This result was achieved after intense coordination by the agribusiness bench. The project will now be enacted by Congress.

Lula had vetoed 30 points of the bill, including the one that established the time frame thesis. Although the highlighted vetoes were completely overturned, five provisions vetoed by Lula were maintained. They dealt with contact with isolated indigenous people, the use of transgenic products within indigenous lands and the possibility of reviewing demarcations in case of identification of indigenous people who do not preserve cultural traits.

This occurred because the vote in the National Congress session was divided into two parts. First, the vetoes that were within the agreement signed by party leaders were voted on by ballot. The ballots are filled out by parliamentarians, in accordance with the guidance of the leaders of the parties or groups, such as opposition or parliamentary fronts. In the second part of the session, the highlighted vetoes were voted on.

These vetoes were maintained due to an agreement between the opposition and the Lula government. The government leadership committed not to question Congress’s decision in the Federal Supreme Court (STF).

In September, the STF had judged an action and rejected the time frame thesis. This is what motivated Congress to take up the matter again, which had been in progress for 16 years. PL 490/07 was approved in the Chamber and the Senate, but was partially vetoed by President Lula. The opposition then mobilized to overturn these vetoes.

The vote on the time frame’s vetoes had been postponed on the 9th, due to a lack of understanding about other vetoes and projects that were being debated. “We had a list of around 50 vetoes [além dos vetos ao marco temporal]. The leaders wanted priority of one veto, another, in addition to highlights. So, this agreement was not reached [para votação]”, explained the president of the Parliamentary Agricultural Front (FPA), deputy Pedro Lupion (PP-PR), after the postponement.

Left x agribusiness

The time frame thesis is rejected by the left, which argues that all Brazilian lands were once indigenous lands and, therefore, can be claimed by indigenous peoples who have lived in these areas at any time.

For the parliamentarians of the Agricultural Parliamentary Front (FPA), it is necessary to guarantee the right of property to those who acquired their land in good faith, with public titles issued by the government, in most cases.

The fear of agriculture is that, without the time frame, a scenario of legal uncertainty will be created that will harm investments in the sector. This is because, in practice, any portion of the national territory can be the target of demarcation of indigenous lands.

According to the demarcations currently in force, 117 thousand hectares of the country are indigenous reserves, according to data from the Instituto Socioambiental. The indigenous population is around 1.6 million individuals, according to IBGE. On average, this means that each Brazilian indigenous person has the right to an area equivalent to 99 football fields.

According to the text that comes into force with the overturn of the vetoes, for an area to be considered “traditionally occupied” by indigenous people, it is necessary to prove that it was inhabited by the indigenous community until October 5, 1988, was used permanently and for activities productive, was essential for the physical and cultural reproduction of indigenous people, as well as for the preservation of the environmental resources necessary for their well-being. Lands that were not occupied by indigenous people and were not subject to dispute on the date of the time frame cannot be demarcated.

The bill also allows the economic exploitation of indigenous lands, including the possibility of cooperation or hiring non-indigenous people. To enter into contracts with non-indigenous people, it is necessary to obtain community approval, guarantee maintenance of land ownership and provide benefits to the entire community.

Among the economic activities permitted is tourism, which can also be explored in indigenous lands, as long as it is organized by the indigenous community itself, even if in partnership with third parties. Fishing, hunting and fruit collection are authorized for non-indigenous people only if they are related to tourism.