BRASILIA, Brazil – On Wednesday, a significant number of Indigenous people gathered in Brazil’s capital, expressing their concerns over a proposed constitutional amendment. The demonstrators, adorned in body paint and showcasing images of animals, called on Congress to abandon the bill, which they believe threatens their land rights and could halt or even reverse ongoing land allocations.

The proposed amendment seeks to establish a legal framework stipulating that the date the Constitution was enacted—October 5, 1988—should serve as the cutoff for Indigenous peoples to have occupied claimed land or to be actively seeking legal recourse to reclaim territories. Legislators aligned with agribusiness argue that this stance provides necessary legal clarity for landholders.

However, advocates for Indigenous rights contend that setting such a deadline is unjust, as it fails to consider the historical expulsions and forced relocations suffered by Indigenous groups, particularly during the expansion of Brazil’s agricultural frontier in the 20th century.

Alessandra Korap, a leader from the Munduruku tribe, emphasized the grave implications of the amendment for their communities. “We are aware of the interests of mining companies, ranchers, and oil companies in our lands. How many lives will be destroyed if this bill passes?” she stated.

Previously, on September 21, 2023, the Supreme Court dismissed the idea of a deadline as part of a lawsuit from the state of Santa Catarina. Justice Luiz Fux pointed out that areas tied to Indigenous ancestry and traditions are constitutionally protected, even if these areas have not been officially recognized. This ruling brought joy to Indigenous communities and their supporters, who saw it as a victory.

In the wake of that decision, pro-agribusiness lawmakers intensified their efforts to gain congressional support for the deadline. A constitutional amendment is currently in the pipeline that many in the Indigenous movement fear could be voted on imminently.

Additionally, Congress passed a law in December establishing the same 1988 deadline. Political parties and Indigenous organizations have since appealed to the Supreme Court, which has yet to provide a ruling on this legislation. During discussions in Congress, Senator Hiran Gonçalves, who introduced the amendment, argued that the proposal aims to offer a definitive resolution to the ongoing legal ambiguity.

Dinamam Tuxá, leader of the Articulation of Indigenous Peoples of Brazil, voiced serious concerns about the implications of the amendment. He warned that its approval could lead to the suspension of Indigenous land demarcations, incite conflicts over resources, and contribute to increased deforestation.