Timeframe: Understand PL 490 approved by the Chamber – 06/01/2023 – Daily life

The time frame project approved in the Chamber of Deputies last Tuesday (30) faces opposition from environmentalists, who say it makes the demarcation of indigenous lands difficult, but is defended by the ruralist caucus, who argues that the proposal gives legal security to agribusiness .

The basic text of the project was approved by 283 to 155. Deputies rejected highlights that could soften the proposal, which now awaits analysis by the Senate.

See below the main ones of PL 490:



What is the timeframe?

• The project changes the rules for the demarcation of indigenous lands in the country, by establishing a time frame for this. The text considers that the territories occupied by the peoples on the date of enactment of the Federal Constitution of 1988, on October 5, 1988, belong to indigenous peoples.
• The original text of the bill did not deal with the thesis, but rather transferred the prerogative of demarcating territories to the Legislative Power.

What is meant by occupation in the framework?

• To say that the lands were occupied at that time means that these areas were, simultaneously, permanently inhabited, used for their productive activities, essential for the preservation of the environmental resources necessary for well-being and necessary for their physical and cultural reproduction, according to uses, customs and traditions of indigenous peoples.
• According to the text, the absence of the indigenous community in the area on the date of promulgation of the Constitution mischaracterizes the framework in the claim to the indigenous land, except in the case of conflict for possession persisting until October 5, 1988.

How are the lands already demarcated?

• The text approved by the Chamber says that “the demarcation that does not meet the precepts established in this law is null”. The stretch has been criticized by indigenous peoples for opening up space for areas that have already been approved to be annulled, which could lead to the expulsion of peoples from their territories and increases the risk of conflict. Ruralists say this should not happen.
• The text makes it difficult to expand already demarcated indigenous lands, submitting the procedure to the new guidelines.
• The proposal still opens a loophole for demarcated lands to be retaken by the Union, “due to changes in the cultural traits of the community or due to other factors caused by the passage of time”.

And the new demarcations?

• The text says that administrative processes for the demarcation of indigenous lands that have not yet been concluded will be adapted to the new law.
• The proposal also makes it possible to indemnify the former owner of demarcated lands, something that does not happen today.
• The proposal contemplates conditions established by the STF in the demarcation of the Raposa Serra do Sol indigenous land, among them the possibility of manifestation of interested parties in all phases of the administrative process of land demarcation. Today, states, municipalities, landowners and other interested parties have up to 90 days after the start of the demarcation process to manifest themselves.

What does the text predict about land exploitation?

• Proposals were appended to the PL that include, in addition to the framework, the possibility of carrying out undertakings and exploiting the land’s natural resources. The current version, which may still be amended, creates a chapter on “use and management of indigenous lands”.
• According to critics of the proposal, they point out that the stretch opens a gap for undertakings such as roads and power lines or hydroelectric plants in indigenous lands.
• The proposal also allows these undertakings to be “implemented independently of consultation with the indigenous communities involved or the competent federal indigenist agency”. And it provides that, for economic activities, “including agrosilvopastoral”, “the cooperation and contracting of non-indigenous third parties will be admitted”.

How is the performance of the authorities in the lands?

• The text ensures the action of the Armed Forces and the Federal Police in indigenous areas, regardless of consultation with indigenous communities or the competent federal indigenist body. It also prohibits the charging of tariffs or values ​​or exchange for the use of roads, public equipment, energy transmission lines or any other equipment and facilities placed at the service of the public in indigenous lands.
• The project also provides for the case of isolated indigenous people and says that it is up to the State and civil society to fully respect their freedoms and traditional ways of life, and contact should be avoided as much as possible, except to provide medical assistance or to mediate state action of public utility.