The decree was considered as harmful to farmers. It will still be voted by two committees and by the House Floor.

The Committee on Agriculture, Animal Industry, Supply and Rural Development approved on Wednesday (3), a bill voiding the Decree 1.775/96, which defines rules for the process of demarcation of Indigenous lands. That measure is provided for in the Legislative Decree Bill 1346/08, by Deputy Homero Pereira (PR-MT).

That decree granted the competency to an anthropologist to define the perimeter of a specific Indigenous land, without establishing evaluation criteria. For the author of that bill, Executive Power acted unfairly and partially when it elaborated that rule, and limited the right to citizens’ defense.

The rapporteur on the bill, Deputy Moises Avelino (PMDB-TO), agreed with that argument. For him, that decree harms constitutional rules and principles, extinguishes rights and condemns farmers to the loss of their assets, without the due legal procedure.

He reminds that the states and municipalities were eliminated from that process, which is only judged by the National Indian Foundation (Funai). “Therefore we can conclude that Executive Power has exceeded its regulation power, in the terms provided for in the article 49, subsection 5, of the Federal Constitution”, said the rapporteur.

Demarcation procedures
The Executive’s decree regulates the Indian’s Act (Law 6.001/73), which, among other principles, guarantees to the Indian communities the permanent possession of the lands in which they live, and recognizes their right to the exclusive use of the natural assets and of all utilities in those lands.

“We have no doubt regarding the Indians’ rights to have their lands demarked for their possession and usage”, said the rapporteur. He highlighted, though, that several issues were raised on the criteria used in the procedures of land demarking.

According to the Constitution, the lands which have been traditionally occupied by the Indians are those in which they live in permanent character; the ones used for their productive activities; the ones indispensable to the preservation of environmental resources which are necessary to their wellbeing; and the ones necessary to their physical and cultural reproduction, according to their uses, habits and traditions.

Procedure
The bill will be voted by the committees on Human Rights and Minorities; and on the Constitution and Justice and Citizenship, and by the House Floor.

Report - Marcello Larcher
Editing - Pierre Triboli
Translation - Positive Idiomas Ltda