Indigenous Territory
Encyclopedia
In Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...

, Indigenous Territories or Indigenous Lands are areas inhabited and exclusively possessed by indigenous people
Indigenous peoples in Brazil
The Indigenous peoples in Brazil comprise a large number of distinct ethnic groups who inhabited the country prior to the European invasion around 1500...

. The Brazilian Constitution
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...

 recognises the inalienable right of indigenous peoples to lands they "traditionally occupy"Further defined as those lands "on which they live on a permanent basis, those used for their productive activities, those indispensable to the preservation of the environmental resources necessary for their well-being and for their physical and cultural reproduction, according to their uses, customs and traditions." and automatically confers them permanent possession of these lands. In practice, however, a formal process of demarcation is required for a TI to gain full protection, and this has often entailed protracted legal battles. Even after demarcation, they are frequently subject to illegal invasions by settlers and mining and logging companies.

There are 672 Indigenous Territories in Brazil, covering about 13% of its land area. Critics of the system say that this is out of proportion with the number of indigenous people, about 2% of the population; they argue that amount of land reserved as TIs undermines the country's economic development and national security.

Distribution

There are 672 Indigenous Territories in Brazil covering 8,511,965 km2 – 13% of its land area. For historical reasons—Portuguese colonisation
Colonial Brazil
In the history of Brazil, Colonial Brazil, officially the Viceroyalty of Brazil comprises the period from 1500, with the arrival of the Portuguese, until 1815, when Brazil was elevated to kingdom alongside Portugal as the United Kingdom of Portugal, Brazil and the Algarves.During the over 300 years...

 started from the coast—most of these are concentrated in the country's interior, particularly Amazônia
Amazônia Legal
Amazônia Legal is the largest socio-geographic division of the South American nation of Brazil, which contains all of its territory in the Amazon Basin...

. There are only three federated units without any TIs: the states of Rio Grande do Norte
Rio Grande do Norte
Rio Grande do Norte is one of the states of Brazil, located in the northeastern region of the country, occupying the northeasternmost tip of the South American continent. Because of its geographic position, Rio Grande do Norte has a strategic importance. The capital and largest city is Natal...

 and Piauí
Piauí
Piauí is one of the states of Brazil, located in the northeastern part of the country.Piauí has the shortest coastline of any of the non-landlocked Brazilian states at 66 km , and the capital, Teresina, is the only state capital in the north east to be located inland...

, and the Federal District
Brazilian Federal District
The Federal District is set apart for Brasília, the capital of Brazil. Located in a region called Planalto Central, or Central Plateau, the Federal District is divided in 29 administrative regions. Brasilia - place where the three branches of the Federal Government are located - is the main...

.

Indigenous Territories by state

State Number of TIsSome TIs cross state borders and are counted twice. Area of TIs (km2)Approximate. See above. Proportion of state area
Acre
Acre (state)
Acre is one of the 27 states of Brazil. It is situated in the southwest of the Northern Region, bordering Amazonas to the north, Rondônia to the east, Bolivia to the southeast and the Ucayali Region of Peru to the south and west. It occupies an area of 152,581.4 km2, being slightly smaller...

 
36 30,721 20.13%
Alagoas
Alagoas
Alagoas is one of the 27 federative units of Brazil and is situated in the eastern part of the Northeast Region. It borders: Pernambuco ; Sergipe ; Bahia ; and the Atlantic Ocean . It occupies an area of 27,767 km², being slightly larger than Haiti...

 
10 130 0.47%
Amapá
Amapá
Amapá is one of the states of Brazil, located in the extreme north, bordering French Guiana and Suriname to the north. To the east is the Atlantic Ocean, and to the south and west is the Brazilian state of Pará. Perhaps one of the main features of the state is the River Oiapoque, as it was once...

 
6 41,965 29.38%
Amazonas  166 527,783 33.6%
Bahia
Bahia
Bahia is one of the 26 states of Brazil, and is located in the northeastern part of the country on the Atlantic coast. It is the fourth most populous Brazilian state after São Paulo, Minas Gerais and Rio de Janeiro, and the fifth-largest in size...

 
26 2,345 0.42%
Ceará
Ceará
Ceará is one of the 27 states of Brazil, located in the northeastern part of the country, on the Atlantic coast. It is currently the 8th largest Brazilian State by population and the 17th by area. It is also one of the main touristic destinations in Brazil. The state capital is the city of...

 
11 114 0.08%
Distrito Federal
Brazilian Federal District
The Federal District is set apart for Brasília, the capital of Brazil. Located in a region called Planalto Central, or Central Plateau, the Federal District is divided in 29 administrative regions. Brasilia - place where the three branches of the Federal Government are located - is the main...

 
0 0 0%
Espírito Santo
Espírito Santo
Espírito Santo is one of the states of southeastern Brazil, often referred to by the abbreviation "ES". Its capital is Vitória and the largest city is Vila Velha. The name of the state means literally "holy spirit" after the Holy Ghost of Christianity...

 
3 76 0.16%
Goiás
Goiás
Goiás is a state of Brazil, located in the central part of the country. The name Goiás comes from the name of an indigenous community...

 
5 405 0.12%
Maranhão
Maranhão
Maranhão is a northeastern state of Brazil. To the north lies the Atlantic Ocean. Maranhão is neighbored by the states of Piauí, Tocantins and Pará. The people of Maranhão have a distinctive accent...

 
20 19,057 5.74%
Mato Grosso
Mato Grosso
Mato Grosso is one of the states of Brazil, the third largest in area, located in the western part of the country.Neighboring states are Rondônia, Amazonas, Pará, Tocantins, Goiás and Mato Grosso do Sul. It also borders Bolivia to the southwest...

 
78 188,490 20.87%
Mato Grosso do Sul
Mato Grosso do Sul
Mato Grosso do Sul is one of the states of Brazil.Neighboring Brazilian states are Mato Grosso, Goiás, Minas Gerais, São Paulo and Paraná. It also borders the countries of Paraguay and Bolivia to the west. The economy of the state is largely based on agriculture and cattle-raising...

 
49 6,781 1.9%
Minas Gerais
Minas Gerais
Minas Gerais is one of the 26 states of Brazil, of which it is the second most populous, the third richest, and the fourth largest in area. Minas Gerais is the Brazilian state with the largest number of Presidents of Brazil, the current one, Dilma Rousseff, being one of them. The capital is the...

 
9 670 0.11%
Pará
Pará
Pará is a state in the north of Brazil. It borders the Brazilian states of Amapá, Maranhão, Tocantins, Mato Grosso, Amazonas and Roraima. To the northwest it also borders Guyana and Suriname, and to the northeast it borders the Atlantic Ocean. The capital is Belém.Pará is the most populous state...

 
58 305,724 24.5%
Paraíba
Paraíba
Paraíba Paraíba Paraíba (Tupi: pa'ra a'íba: "bad to navigation"; Brazilian Portuguese pronunciation: is a state of Brazil. It is located in the Brazilian Northeast, and is bordered by Rio Grande do Norte to the north, Ceará to the west, Pernambuco to the south and the Atlantic Ocean to the east...

 
3 338 0.6%
Paraná
Paraná (state)
Paraná is one of the states of Brazil, located in the South of the country, bordered on the north by São Paulo state, on the east by the Atlantic Ocean, on the south by Santa Catarina state and the Misiones Province of Argentina, and on the west by Mato Grosso do Sul and the republic of Paraguay,...

 
26 944 0.47%
Pernambuco
Pernambuco
Pernambuco is a state of Brazil, located in the Northeast region of the country. To the north are the states of Paraíba and Ceará, to the west is Piauí, to the south are Alagoas and Bahia, and to the east is the Atlantic Ocean. There are about of beaches, some of the most beautiful in the...

 
15 1,181 1.2%
Piauí
Piauí
Piauí is one of the states of Brazil, located in the northeastern part of the country.Piauí has the shortest coastline of any of the non-landlocked Brazilian states at 66 km , and the capital, Teresina, is the only state capital in the north east to be located inland...

 
0 0 0%
Rio de Janeiro
Rio de Janeiro
Rio de Janeiro , commonly referred to simply as Rio, is the capital city of the State of Rio de Janeiro, the second largest city of Brazil, and the third largest metropolitan area and agglomeration in South America, boasting approximately 6.3 million people within the city proper, making it the 6th...

 
5 24 0.05%
Rio Grande do Norte
Rio Grande do Norte
Rio Grande do Norte is one of the states of Brazil, located in the northeastern region of the country, occupying the northeasternmost tip of the South American continent. Because of its geographic position, Rio Grande do Norte has a strategic importance. The capital and largest city is Natal...

 
0 0 0%
Rio Grande do Sul
Rio Grande do Sul
Rio Grande do Sul is the southernmost state in Brazil, and the state with the fifth highest Human Development Index in the country. In this state is located the southernmost city in the country, Chuí, on the border with Uruguay. In the region of Bento Gonçalves and Caxias do Sul, the largest wine...

 
45 1,088 0.39%
Rondônia
Rondônia
Rondônia is a state in Brazil, located in the north-western part of the country. To the west is a short border with the state of Acre, to the north is the state of Amazonas, in the east is Mato Grosso, and in the south is Bolivia. Its capital is Porto Velho. The state was named after Candido Rondon...

 
24 62,526 26.32%
Roraima
Roraima
Roraima is the northernmost and least populated state of Brazil, located in the Amazon region. It borders the states of Amazonas and Pará, as well as the nations of Venezuela and Guyana. The population is 400,000 and the capital is Boa Vista...

 
32 195,752 87.27%
Santa Catarina
Santa Catarina (state)
Santa Catarina is a state in southern Brazil with one of the highest standards of living in Latin America. Its capital is Florianópolis, which mostly lies on the Santa Catarina Island. Neighbouring states are Rio Grande do Sul to the south and Paraná to the north. It is bounded on the east by...

 
20 562 0.59%
São Paulo
São Paulo (state)
São Paulo is a state in Brazil. It is the major industrial and economic powerhouse of the Brazilian economy. Named after Saint Paul, São Paulo has the largest population, industrial complex, and economic production in the country. It is the richest state in Brazil...

 
28 171 0.07%
Sergipe
Sergipe
Sergipe , is the smallest state of the Brazilian Federation, located on the northeastern Atlantic coast of the country. It borders on two other states, Bahia to the south and west and Alagoas to the north, and to the east is the Atlantic Ocean...

 
1 43 0.2%
Tocantins
Tocantins
Tocantins may refer to:* Tocantins, a state in Brazil* Tocantins River, a river in Brazil* Survivor: Tocantins, a reality show set in Tocantins, Brazil* Tocantins Esporte Clube, a Brazilian football club...

 
12 25,521 9.19%
Brazil 672 1,105,258 13%


Demarcation process

The process of demarcating Indigenous Territories was established in the 1973 Statue of the Indian and has been revised several times, most recently in 1996. Under the current legal framework, the initial identification and definition of potential TIs is the responsibility FUNAI
Fundação Nacional do Índio
Fundação Nacional do Índio or FUNAI is a Brazilian governmental protection agency for Indian interests and their culture.It was originally called the SPI and was founded by the Brazilian Marshal Cândido Rondon in 1910, who also created the agency's motto, "Die if necessary, but never kill." The...

, the government body in charge of indigenous affairs, who commission an ethnographic
Ethnography
Ethnography is a qualitative method aimed to learn and understand cultural phenomena which reflect the knowledge and system of meanings guiding the life of a cultural group...

 and geographical survey of the area and publish a proposal. This proposal must then be approved by the Ministry of Justice, who consider FUNAI's proposal and any objections from other interested parties with respect to the Constitution. If approved, FUNAI begins physically demarcating the new TI and the National Institute for Colonization and Agrarian Reform undertakes the resettlement of any non-indigenous occupants. Final approval, or homologation
Homologation
Homologation is a technical term, derived from the Greek homologeo for "to agree", which is generally used in English to signify the granting of approval by an official authority...

, for the demarcation a TI is issued by the President of the Republic
President of Brazil
The president of Brazil is both the head of state and head of government of the Federative Republic of Brazil. The president leads the executive branch of the federal government and is the commander-in-chief of the Brazilian Armed Forces...

, after which it is officially registered.

The Statue of the Indian intended that all indigenous lands be demarcated by 1978, and the 1988 Constitution also set a five-year deadline. Neither were met, and demarcation is still ongoing. The process is frequently delayed by legal disputes arising from the objections of non-indigenous settlers and commercial interests in the proposed TI. This has been increasingly common since 1996, when a change in the law required an explicit period to be set aside in the demarcation process for the hearing of complaints. In 2008 the Supreme Federal Court issued a high-profile decision in favour of the continued territorial integrity of Raposa Serra do Sol
Raposa Serra Do Sol
Reserva Indígena Raposa/Serra do Sol is an Indian reservation in Brazil, intended to be home to the Macuxi people...

 in Roraima
Roraima
Roraima is the northernmost and least populated state of Brazil, located in the Amazon region. It borders the states of Amazonas and Pará, as well as the nations of Venezuela and Guyana. The population is 400,000 and the capital is Boa Vista...

. Non-indigenous rice farmers had protested their deportation from the TI, arguing that the reserve undermined Brazil's national integrity and the state's economic development, and proposing that it be broken up. The ruling established a legal precedent that affected more than 100 similar cases that were before the Supreme Court at the time.

Criticism

Land ownership is a contentious issue in Brazil. In the 1990s, as much as 45% of available farmland in the country was controlled by 1% of the population. Some advocates of land reform have therefore criticised the extent of land reserved for indigenous peoples, who account for just 0.2% of the population. According to this view the 1988 Constitution's approach towards indigenous peoples' right to land is overly idealist, and a return to a more integrationist
Cultural assimilation
Cultural assimilation is a socio-political response to demographic multi-ethnicity that supports or promotes the assimilation of ethnic minorities into the dominant culture. The term assimilation is often used with regard to immigrants and various ethnic groups who have settled in a new land. New...

 policy is favoured. In the Raposa Serra do Sol dispute, the rice farmers and their proponents charged TIs with hindering economic development
Economic development
Economic development generally refers to the sustained, concerted actions of policymakers and communities that promote the standard of living and economic health of a specific area...

 in sparsely populated states such as Roraima
Roraima
Roraima is the northernmost and least populated state of Brazil, located in the Amazon region. It borders the states of Amazonas and Pará, as well as the nations of Venezuela and Guyana. The population is 400,000 and the capital is Boa Vista...

, where a large proportion of the land is reserved for indigenous peoples despite commercial pressures to develop it for agricultural use. Instituto Socioambiental, a Brazilian indigenous rights group, argue that the disparity between indigenous population and land ownership is justified because their traditional subsistence patterns (typically shifting cultivation
Shifting cultivation
Shifting cultivation is an agricultural system in which plots of land are cultivated temporarily, then abandoned. This system often involves clearing of a piece of land followed by several years of wood harvesting or farming, until the soil loses fertility...

 or hunting and gathering
Hunter-gatherer
A hunter-gatherer or forage society is one in which most or all food is obtained from wild plants and animals, in contrast to agricultural societies which rely mainly on domesticated species. Hunting and gathering was the ancestral subsistence mode of Homo, and all modern humans were...

) are more land extensive
Extensive farming
Extensive farming or Extensive agriculture is an agricultural production system that uses small inputs of labour, fertilizers, and capital, relative to the land area being farmed....

 than modern agriculture, and that many TIs include large areas of agriculturally unproductive land or are environmentally degraded due to recent incursions.

Opponents of Indigenous Territories also claim that they undermine national sovereignty
National sovereignty
National sovereignty is the doctrine that sovereignty belongs to and derives from the nation, an abstract entity normally linked to a physical territory and its past, present, and future citizens. It is an ideological concept or doctrine derived from liberal political theory...

. The promotion of indigenous rights by NGOs is seen as reflecting an "internationalisation of the Amazon" which is contrary to Brazil's economic interests. Elements in the military have also expressed concern that because many TIs occupy border regions they pose a threat to national security – although both the army and police are allowed full access.

The current system of Indigenous Territories has also been criticised by proponents of indigenous rights, who say that the process of demarcation is too slow and that FUNAI lacks the resources to properly protect them from encroachment once registered.
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