A contentious law, viewed as a blow to Indigenous rights in Brazil, has now been implemented, marking a triumph for the influential agribusiness caucus in the country’s congress. The legislation, which enforces the “time marker” theory (marco temporal), stipulates that Indigenous peoples can only assert claims to land they physically occupied as of October 1988, the year when the current constitution was enacted.
Critics argue that this approach disregards the historical displacement of many Indigenous groups from their ancestral lands, particularly during Brazil’s 1964-1985 military dictatorship. They contend that the law will nullify numerous legitimate claims for Indigenous land demarcation.
In September, Brazil’s supreme court declared the time marker theory unconstitutional with a 9-2 majority. However, less than a week later, the senate voted to codify the theory into law. President Luiz Inácio Lula da Silva vetoed several sections of the bill, but a conservative-dominated congress successfully overrode his veto in December, leading to the official publication of the law on Thursday.
Referred to as the “Indigenous genocide law” by the Climate Observatory environmental watchdog, the new legislation opens avenues for activities like road construction, mining, dam projects, and agricultural initiatives on Indigenous lands. These territories play a crucial role in protecting against deforestation.
Indigenous congresswoman Célia Xakriabá denounced the promulgation, stating, “The law will have a negative impact on the conservation of forests, the fight against climate change, and the future of generations to come.”
Although three of Lula’s vetoes were upheld by congress as part of a political agreement, activists argue that the law still represents a significant threat to Indigenous rights, potentially exposing Native Brazilians to increased violence. The law does not authorize contact with isolated groups, prohibits the use of genetically modified crops on Indigenous territories, and denies the government the right to reclaim land from groups whose cultural traits are deemed to have changed.
Indigenous organizations, along with leftist political parties, are gearing up to challenge the law in the supreme court. Minister for Indigenous Peoples Sônia Guajajara expressed her office’s intent to appeal to the highest court, emphasizing that the legislation contradicts international climate agreements and jeopardizes the rights and protection of Indigenous peoples and territories.
Guajajara remains optimistic, asserting, “The supreme court has already declared [the thesis] unconstitutional; it is hardly going to go back on its own decision. So there is still hope.”