Proposed Brazilian Constitutional Amendment Has the Potential to Violate Indigenous Property Rights

Indigenous Brazilians protest against ‘Marco Temporal’ Doctrine (Photo: AP News: Eraldo Peres)

On Wednesday, hundreds of Indigenous people covered in body paint and holding animal images marched in Brazil's capital against the ‘Marco Temporal’ Doctrine. The doctrine distinctly undermines Indigenous rights, directly opposing the principles established by international organizations including the ILO Convention No. 169 and the UN Declaration on the Rights of Indigenous People. 

Indigenous groups in Brazil have fought consistently through past presidencies for territory recognition, and despite current President Lula making progress with the creation of the Ministry of Indigenous Peoples (MPI), more work remains. To date, Lula has recognized only 10 out of 251 pending indigenous territories; furthermore, the MPI is significantly underfunded, making it difficult to provide social services to Indigenous groups and actively practice environmental monitoring. The MPI is funded by the government, making it vulnerable to changes in Presidential priorities and policies; the ‘Marco Temporal’ Doctrine adds additional challenges to indigenous groups throughout Brazil, delaying their quest for rightful recognition. 

The ‘Marco Temporal’ doctrine, or in other words, the Time Frame Ruling, declares that territories occupied after the implementation of Brazil's Constitution in 1988 are not legally acknowledged and can therefore be taken over by agro-industries. This is a significant neglect and acknowledgment of the forced displacement of indigenous groups after 1988, particularly during the 20th-century frontier expansion.

In September 2023, the ruling was rejected by Brazil’s Supreme Court, amassing celebrations amongst indigenous communities. However, shortly after, agroindustries pressured for congressional approval of the deadline, eventually leading to the adoption of the Temporal Framework Doctrine in December 2023. The doctrine was promptly challenged by the Articulation of Indigenous People of Brazil, and in April 2024, legal processes were suspended. The doctrine will now be debated again in the near future. 

If Brazil’s Supreme Court reaffirms its decision, 14% of Indigenous territory would be threatened by agroindustries, critically damaging the biodiversity of the Amazon and promoting activities of mining, farming, deforestation, and illegal land grabbing. 

Brazilian protester advocates against the implementation of the ‘Marco Temporal’ Doctrine. Sign reads “Marco Temporal is a scam.”  (Photo: AP News: Eraldo Peres)

Brazilian administrations have historically been in favor of supporting the acquisition of indigenous lands. This trend is a result of the increasing support that political parties receive from agriculture businesses, which includes substantial financial contributions adding up to billions of dollars. 

Brazil is not the only country that faces discrimination and land acquisition of Indigenous groups. Similar challenges are seen in other countries across the world including the US with the building of the Dakota Access Pipeline, as well as Australia with the destruction of ancient caves at the Juukan Gorge. In Brazil, indigenous territory accounts for over 80% of biodiversity within the region, so protecting indigenous territory actively protects and preserves the global climate.