attack on indigenous

Brazilian Chamber of Deputies approves Time Limit Trick Bill under protests from native peoples

Bill determines that only territories occupied by indigenous peoples on October 8, 1988 can be demarcated

Translated by: Lucas Peresin

Brasil de Fato | São Paulo (Brazil) |
Deputy Célia Xakriabá protested against the Bill in the Federal Chamber’s plenary - Pablo Valadares/Câmara dos Deputados

On Tuesday night (30), the Brazilian Chamber of Deputies approved Bill 490/07, known as the “Marco Temporal” Bill (or Time Limit Trick proposal). The text foresees the application of the temporal framework thesis on the demarcation of indigenous lands. The score was 283 to 155. Only the Workers' Party (PT), the Socialism and Freedom Party (PSOL), the Communist Party of Brazil (PCdoB) and the Rede Party (Rede) voted against the project. None of the highlights put forward by deputies who defend indigenous peoples were approved.

The approval means that new lands can only be demarcated if occupied by indigenous peoples on the date of enactment of the 1988 Brazilian Constitution.

Deputy Célia Xakriabá spoke on behalf of the indigenous bench, painting her face with annatto. "Brazil starts with us, but if Bill 490 is approved, the Brazil that starts with us will be buried in the National Congress", she declared.

The Missionary Indigenous Council (Cimi) says that 60% of the 1,400 Brazilian indigenous lands are not regularized. Almost 600 have not even had the demarcation process started. If it becomes a law, the Time Limit Trick will be the main argument for landowners and large companies to question the still-unfinished demarcations.

Right-wing deputies celebrate approval of the Time Limit Trick Bill / Reproduction

In addition to paralyzed demarcations, there is a fear that demarcations already carried out will be revised.

After the approval, Greenpeace Brazil’s spokesperson for the Amazon, Danicley de Aguiar stated that the approval of the project is a "retrogression". "The approval of Bill 490 crowns the efforts of the ruralist bench to relativize indigenous rights and to force the opening of traditional territories to agribusiness and other economic activities incapable of coexisting with the forest; ignoring the desire for historical reparation to the original peoples expressed by Brazilian society in Articles 231 and 232 of the 1988 Constitution. In the middle of the 21st century, we cannot tolerate that a handful of deputies committed to retrogression continue working to reverse the will of the majority of Brazilians. The ruralist bench needs to understand that any attack on indigenous rights is an attack against democracy," he said.

In a note, the Climate Observatory regretted the decision of Congress. "Now, the Chamber of Deputies sends a clear message to the country and to the world: Bolsonaro is gone, but the extermination continues. As far as Arthur Lira and his chainsaw gang are concerned, the environment and the indigenous rights will be wiped off the map in the next four years. The Senate now has the obligation to reverse the absurdities approved by the Chamber of Deputies, and the Supreme Court needs to urgently analyze the Time Limit Trick process."

The impeached voted

Despite having his mandate revoked by the Superior Electoral Court on May 17, Deltan Dallagnol (Podemos Party) participated in the session and had his vote computed.

In response to a question of order raised by Deputy Glauber Braga (Socialism and Freedom Party), the fourth secretary of the Chamber, Deputy Lúcio Mosquini (Brazilian Democratic Movement) replied that while the board does not meet to "do what it has to do", Deltan would continue to be able to exercise his mandate.

The bill now goes to the Senate. Analysts believe that the president of the Brazilian Senate, Rodrigo Pacheco, is not in the same hurry as Lira to vote on the Time Limit Trick issue. The legality of the proposal will be analyzed by the Federal Supreme Court in June.

Edited by: Flávia Chacon e Rodrigo Durão Coelho