Brazil’s Minister of Justice signs decrees demarcating three indigenous lands

Brazil’s Minister of Justice and Public Security Ricardo Lewandowski signed on Thursday (5) a set of demarcation decrees for three indigenous lands, during a meeting with representatives of the Maró, Cobra Grande, and Apiaká do Pontal e Isolados territories. The last MJSP decision in this regard was made in 2018.

During the event, which took place at the Palace of Justice in Brasília, Lewandowski highlighted the relevance of making this announcement on September 5, which is Amazon Day. According to the minister, the decision follows what is determined in Article 231 of the Federal Constitution, and recognizes the importance of the issue to the Amazon and its Indigenous communities, as well as to all Brazilian citizens.

“We are convinced that there is still a long way to go in terms of guarantees for Indigenous peoples, but we are taking three important steps towards protecting these traditional communities. This is a definitive act. There is no longer any legal controversy on this issue,” said the minister.

The act encompasses the Maró and Cobra Grande territories in Pará, and the Apiaká do Pontal e Isolados in Mato Grosso. Together, they occupy more than 1 million hectares and are home to 1,250 indigenous people. Six ethnic groups — Borari, Arapium, Jaraqui, Tapajó, Apiaká, and Munduruku — and isolated peoples will all benefit from the measure.

The demarcation decrees are an important and official act of institutional recognition regarding the right to Indigenous lands and the delimitation of the boundaries of territories.

According to the Secretary of Access to Justice, Sheila de Carvalho, the decrees represent progress in fulfilling the constitutional duty of the MJSP to demarcate Indigenous lands. Carvalho also highlighted the dedication of the teams involved in drafting the decrees, overcoming the controversies and obstacles that surround the subject.

“We know how important demarcating lands is to protecting the environment — and doing so on this date could not be more symbolic. It is a very exciting moment for everyone,” said the secretary.

The process of demarcating territories is highly complex and is carried out over successive stages, which also require the administrative acts by the National Foundation for Indigenous Peoples [Fundação Nacional dos Povos Indígenas/FUNAI], by the MJSP itself and by the Brazilian Presidency.

The final word on the demarcation of the lands is made by the President of the Republic, who, by decree, makes the decision to definitively grant the Indigenous lands to the communities.

The executive ordinances signed by Lewandowski add to the definitive decisions that had already been made by the Federal Government during the administration of President Luiz Inácio Lula da Silva. In 2023 and 2024, presidential decrees were issued approving 10 Indigenous lands: Arara do Rio Amônia (state of Acre), Acapuri de Cima (Amazonas), Rio Gregório (Acre), Kariri-Xocó (Alagoas), Uneiuxi (Amazonas), Rio dos Índios (Rio Grande do Sul), Tremembé da Barra do Mundaí (Ceará), Ava-Canoeiro (Goiás), Aldeia Velha (Bahia), and Cacique Fontoura (Mato Grosso).

The ceremony was also attended by MJSP Executive Secretary Manoel Carlos de Almeida Neto; by representatives of the Articulation of Indigenous Peoples of Brazil [Articulação dos Povos Indígenas do Brasil/APIB], Maurício Terena; and by members of civil society organizations.

Apiaká do Pontal e Isolados

Located in the municipality of Apiacás, in the state of Mato Grosso, the territory is traditionally occupied by the Apiaká and Munduruku peoples, as well as by an isolated indigenous group. The land spans 982,324 hectares and entirely covers the Juruena National Park, a fully protected conservation area, and thus is considered doubly protected. It is estimated that the Indigenous population of the area is approximately 250 people.

“We are very happy and we will continue to protect that isolated territory as we always have, with great spirit and awareness. The signing of the ordinance is also important because we have been experiencing difficult situations socially, in registration and access of families to government programs,” said the representative of the Apiaká do Pontal e Isolados Indigenous lands, Raimundo Paigo Munduruku.

Maró

Occupied by approximately 400 Indigenous people from the Borari and Arapium peoples, the territory is located in the municipality of Santarém, in the state of Pará. The area is located in Gleba Nova Olinda I, which is made up of state public lands that have been targeted by environmental crimes and repeated threats to Indigenous leaders. Its estimated size is 42,373 hectares.

“This act represents the minister’s commitment and responsibility to uphold our Constitution. It gives us legal certainty in preserving the territory and protecting those 42,373 hectares of land,” stated the representative of the Maró Indigenous Lands, Adenison Alves de Sousa.

Cobra Grande

Also in Santarém (Pará), the area is traditionally occupied by the Tapajó, Jaraqui, and Arapium Indigenous peoples. The lower Arapiuns region, where the territory is located, is recognized for its importance both to environmental preservation and as an area for ​​occupation by traditional populations. Currently, around 600 Indigenous people live on the 8,906-hectare site.

“We would like to thank the minister for his commitment to presenting us and Brazil with these declaratory certificates for the three peoples. It means thinking about the future of our children, grandchildren, and great-grandchildren and preserving the biodiversity of the land. It is a historic moment and only God knows how we feel inside: radiant with joy,” said the representative of the Cobra Grande Indigenous Lands, Miracildo Silva da Conceição.

Marco temporal 

The demarcation of Indigenous lands involves defining the temporal framework (marco temporal), which states that the original peoples can only claim possession of the territory they occupied when the 1988 Brazilian Constitution was enacted. On September 27, 2023, the Supreme Federal Court [Supremo Tribunal Federal/STF] rejected this thesis.

However, that same year, the National Congress approved a law that established the marco temporal. Law 14.701, of October 20, 2023, was sanctioned by the President with a partial veto to adapt it to the decision of the STF, which was rejected by the legislative house.

On April 22, 2024, Justice Gilmar Mendes, the rapporteur for the actions, decided to suspend the related legal proceedings until the STF has a final decision, but the suspension does not apply to the administrative proceedings for the demarcation of Indigenous lands.