Brazilian Indian Statute

The Brazilian Indian Statute is based on the Brazilian Federal Law No. 6001 of December 19, 1973, signed by Emílio G. Médici , Alfredo Buzaid , Antônio Delfim Neto and José Costa Cavalcanti . It was published in the state gazette on December 21, 1973 and deals with the relationship between the state and the people and the indigenous people of Brazil.

The Brazilian Indian Statute develops the principle of the Brazilian civil code of 1916 and classifies the indigenous population of Brazil as "limited capacity to act", which is patronized by a state authority. Today this authority is the " Fundação Nacional do Índio " (FUNAI).

In the first article, the Indian Statute lists its main objective as follows: "To integrate the indigenous people into Brazilian society in a harmonious and progressive manner"

The 1988 Indian Statute and Constitution

The 1988 constitution treats the indigenous population more progressively. It recognizes the different and independent cultural identity (social organization, customs, languages, beliefs and tradition) of the indigenous population and guarantees them the right to maintain this identity, based on the fact that this right is older than the declaration of the nation of Brazil. Furthermore, the indigenous population is guaranteed the use of their traditional lands. The new basic concept was that the state's responsibility lies primarily in defending these rights of the Indians vis-à-vis the Brazilian population.

Based on this change in the constitutional rights , the necessity to revise the Indian statute became apparent. With this in mind, three legislative projects, one by the executive and two by non-governmental organizations, were drafted and submitted to the national parliament . In 1992 a specialized parliamentary committee was set up to study this endeavor. In June 1994 this committee approved a bill that adapts the Indian Statute to the new circumstances. In December 1994, before this draft law was passed on to the Senate and after new presidential elections, some parliamentarians applied on the basis of an appeal that the draft law be submitted to the plenary assembly of parliament, which then voted on it first. It has not yet been voted on and progress towards the recognition of the new law has been frozen due to divided opinions. In addition to the official demarcation of their lands, the revision of the Indian statute is one of the most important demands of the indigenous population of Brazil today.

Web links

Fundação Nacional do Índio : Lei Nº 6.001 - de 19 de December 1973 - Dispõe sobre o Estatuto do Índio