{"id":50375291,"date":"2023-07-28T15:51:18","date_gmt":"2023-07-28T14:51:18","guid":{"rendered":"https:\/\/dialogochino.net\/?p=375291"},"modified":"2025-04-03T21:33:51","modified_gmt":"2025-04-03T20:33:51","slug":"375291-indigenous-groups-in-brazil-fight-for-their-lands-as-legal-change-looms","status":"publish","type":"photo_story","link":"https:\/\/dialogue.earth\/en\/justice\/375291-indigenous-groups-in-brazil-fight-for-their-lands-as-legal-change-looms\/","title":{"rendered":"Indigenous groups in Brazil fight for their lands as legal change looms"},"content":{"rendered":"\n

The sight of military police encircling the prayer house was a sign of the tensions facing the Guarani Indigenous people. On a cloudy day in early June, dozens of Guarani came together to pray, sing and dance, in protest against threats to their territory of Jaragu\u00e1, just 20 kilometres north-west of S\u00e3o Paulo\u2019s urban centre.<\/p>\n\n\n\n

The ritual began in the late afternoon, in the village of Teko\u00e1 Pyau. Among the congregation was Txai Suru\u00ed, a 26-year-old Indigenous activist, who became internationally known for her powerful speech<\/a> at the COP26 climate conference in Glasgow in 2021. Originally from a Paiter Suru\u00ed Indigenous territory in the state of Rond\u00f4nia, some 2,000 kilometres north-west, in the Amazon, Suru\u00ed was here to protest alongside her partner, Thiago Karai Djekupe, one of the Guarani leaders in Jaragu\u00e1.<\/p>\n\n\n\n

The group gathered to protest actions \u2013 both in Brazil\u2019s congress and its supreme court \u2013 that could prevent Indigenous people from legally claiming their ancestral territories. On 30 May, the Chamber of Deputies, the lower house of congress, approved<\/a> a bill on the marco temporal<\/em>, or \u201ctime limit\u201d \u2013 a proposal that would only recognise Indigenous communities\u2019 claims to territories if they were occupying the lands in 1988, the year of Brazil\u2019s current constitution. The bill is now up for a vote in the senate. <\/p>\n\n\n\n

A week later, on 7 June, the supreme court resumed<\/a> its deliberation over the controversial proposal, which has been moving through the country\u2019s court system since 2007. The top court was expected to issue a ruling, but Justice Andre Mendon\u00e7a, appointed by former president Jair Bolsonaro, requested<\/a> to suspend the case. It is expected to resume by September.<\/p>\n\n\n\n

\"a<\/div>
Thiago Karai Djekupe (centre) and his partner Txai Suru\u00ed (right) during a protest in the Jaragu\u00e1 territory, S\u00e3o Paulo, in June. Djekupe cried as police encircled the Indigenous people. (Image: Dan Agostini \/ Di\u00e1logo Chino)<\/div><\/div><\/div><\/div>\n\n\n\n
\n
\n
\"A<\/div>
Indigenous people from 21 different ethnic groups at a protest in May against the marco temporal, <\/em>a legal proposal to limit Indigenous land claims that is under consideration in Brazil\u2019s supreme court and senate (Image: Dan Agostini \/ Di\u00e1logo Chino)<\/div><\/div><\/div><\/div>\n<\/div>\n\n\n\n
\n
\"A<\/div>
After removing protesters from S\u00e3o Paulo\u2019s Bandeirantes highway, police came to a prayer house in the Jaragu\u00e1 territory to inform Guarani people of a court ruling that has restricted their demonstrations (Image: Dan Agostini \/ Di\u00e1logo Chino)<\/div><\/div><\/div><\/div>\n<\/div>\n<\/div>\n\n\n\n

According to Suru\u00ed, if approved, these legal changes would represent \u201cthe death not only of Indigenous peoples, but of the planet, in the face of humanity\u2019s greatest challenge, climate change.\u201d<\/p>\n\n\n\n

In the run-up to the vote, a wave of protests took place across Brazil, called<\/a> by the Articulation of Indigenous Peoples (APIB), a network bringing together Indigenous organisations from across the country. On the day congress approved the bill, more than 100 protesters, including people from 21 different ethnic groups, occupied the Bandeirantes, one of the main highways in S\u00e3o Paulo.<\/p>\n\n\n\n

Police forcibly removed them from the highway, in addition to carrying out low helicopter fly-bys in order \u201cto surround them and follow them to the villages,\u201d Djekupe claims. \u201cThey didn\u2019t need to do that; we are not a people of violence.<\/p>\n\n\n\n

\u201cWe are the Guarani nation, which has lived here since long before any coloniser ever thought of setting foot on this land.\u201d<\/p>\n\n\n\n

We are the Guarani nation, which has lived here since long before any coloniser ever thought of setting foot on this land<\/blockquote>Thiago Karai Djekupe, Guarani leader<\/cite><\/div><\/div>\n\n\n\n

On 3 June, after a ruling from the S\u00e3o Paulo court of justice prohibited them from returning to the highway, the group turned instead to their religious ceremony in the village, which was held as their next act of protest.<\/p>\n\n\n\n

Resistance against land threats<\/h2>\n\n\n\n

Though they are both young, the activist couple\u2019s lives have long been shaped by various conflicts. Suru\u00ed is the daughter of activists Ivaneide Bandeira Cardozo and Almir Suru\u00ed, who for decades have fought for the preservation of Indigenous lands in the Amazon. Djekupe, aged 29 and born and raised in Jaragu\u00e1, is the grandson of Jandira Augusta Ven\u00edcio<\/a>, a woman who led the village and sought better conditions for its people.<\/p>\n\n\n\n

It was through his grandmother\u2019s influence that Djekupe learned to resist the threats facing their territory, which has been increasingly hemmed in by urban development. Today, around 600 Guarani people occupy this 1.7 hectare area \u2013 the smallest recognised Indigenous territory in Brazil \u2013 but they claim<\/a> ancestral lands that extend over 500 hectares within the wider district of Jaragu\u00e1. These lands overlap with a state park that is home to Pico do Jaragu\u00e1, the highest point in S\u00e3o Paulo at 1,135 metres. Seen from its summit, the horizon of this Latin American metropolis has been taken over by imposing buildings, standing in stark contrast to the lush stretch of Atlantic Forest that covers the mountain.<\/p>\n\n\n\n

Though already surrounded by wide highways and luxury apartment blocks, Jaragu\u00e1 faces continued pressure<\/a> from real estate developers.<\/p>\n\n\n\n

\n
\n
\"Aerial<\/div>
An aerial view of the Teko\u00e1 Pyau village, in the Jaragu\u00e1 Indigenous territory, S\u00e3o Paulo. The territory has become hemmed in by highways and luxury apartments, and faces continued pressure from urban development. (Image: Dan Agostini \/ Di\u00e1logo Chino)<\/div><\/div><\/div><\/div>\n<\/div>\n\n\n\n
\n
\"The<\/div>
A young Indigenous man looks out towards S\u00e3o Paulo\u2019s urban centre, just 20 kilometres south-east of the Jaragu\u00e1 territory (Image: Dan Agostini \/ Di\u00e1logo Chino)<\/div><\/div><\/div><\/div>\n<\/div>\n<\/div>\n\n\n\n

\u201cWe know that for the jurua<\/em> [the Guarani term for white Brazilians], the land where we live has a high value per square metre,\u201d says Djekupe. \u201cBut our lives do not.\u201d<\/p>\n\n\n\n

In May, S\u00e3o Paulo councillors began discussing changes to regulations in the city\u2019s upcoming masterplan. One of their main proposals is to expand<\/a> the zone in which buildings have no height limit to include the surroundings of Jaragu\u00e1. \u201cThere have been many moves to make irregular subdivisions [of lands to enable new developments], promoted by powerful people,\u201d councillor Luana Alves told Di\u00e1logo Chino.<\/p>\n\n\n\n

Pollution and threats intensify<\/h2>\n\n\n\n

While glossy luxury apartments continue to rise near the foot of the Pico de Jaragu\u00e1, conditions within the Indigenous territory have become increasingly cramped and weathered. In Teko\u00e1 Pyau village, families of the Tupi-Guarani and Guarani-Mbya Indigenous peoples share housing, bathrooms and kitchens. Some houses, built with support from social organisations, are made of sturdy wood, while others that are self-built are more precarious, constructed from scrap and plywood.<\/p>\n\n\n\n

The village\u2019s school and community centre are made of brick, while the traditional Guarani style of building, using clay and wood, can still be seen at the prayer house. The local football pitch is busy, with a women\u2019s team using it. <\/p>\n\n\n\n

In the late afternoon, residents gather around small fires to warm themselves in the winter cold of S\u00e3o Paulo, which experiences an average daily low of 13C in July. Everyone has electricity, but access to water is more limited and often runs out at night. Sewage in the village is not treated.<\/p>\n\n\n\n

\"Two<\/div>
Young Indigenous people cook and make crafts in front a house in the Teko\u00e1 Pyau village, in the Jaragu\u00e1 territory, S\u00e3o Paulo (Image: Dan Agostini \/ Di\u00e1logo Chino)<\/div><\/div><\/div><\/div>\n\n\n\n
\n
\n
\"A<\/div>
The community centre is one of the few buildings made of brick in the Teko\u00e1 Pyau village. Housing, bathrooms and kitchens are commonly shared. (Image: Dan Agostini \/ Di\u00e1logo Chino)<\/div><\/div><\/div><\/div>\n<\/div>\n\n\n\n
\n
\"A<\/div>
A resident of Teko\u00e1 Pyau fills a bucket with water for bathing from a communal tap. Water shortages often affect the village at night, and sewage is not treated. (Image: Dan Agostini \/ Di\u00e1logo Chino)<\/div><\/div><\/div><\/div>\n<\/div>\n<\/div>\n\n\n\n

Djekupe says he misses the days he used to spend bathing in what the local community affectionately refers to as \u201cGrandma\u2019s river\u201d \u2013 the Ribeir\u00e3o das Lavras, which cuts through the territory. \u201cBefore going there, we would go to my grandma\u2019s house,\u201d he recalls. \u201cShe taught us to ask permission from the water spirits in order to bathe and get food.\u201d<\/p>\n\n\n\n

Previously used by many villagers, the river has now been rendered unusable, having been polluted by sewage.<\/p>\n\n\n\n

According to Djekupe, both the pollution and threats to the village have intensified amid drawn-out debate over the marco temporal<\/em> bill and supreme court action. \u201cThis lack of clarity encourages invaders [into their claimed area], who believe their actions will be legalised in the future,\u201d says Djekupe.<\/p>\n\n\n\n

In May, Txai Suru\u00ed was ambushed<\/a> by a group of around 50 men in the Uru-Eu-Wau-Wau Indigenous territory, her home in Rond\u00f4nia state.<\/p>\n\n\n\n

Lawsuits defend marco temporal<\/em><\/h2>\n\n\n\n

The marco temporal <\/em>bill is currently being considered by senate committees, but a date for the upper house vote has still not been set. The supreme court case, meanwhile, is expected to resume by September. This case stems from a territorial dispute between the state government and the Xokleng people of Santa Catarina state, in southern Brazil \u2013 but if approved by the court, it could impact all land demarcations across the country.<\/p>\n\n\n\n

\u201cUpon receiving this case [as rapporteur], supreme court minister Edson Fachin declared that the decision will have \u2018general repercussion\u2019 \u2013 that is, it will apply to all cases in Brazil that deal with the same topic,\u201d says Ana Carolina Alfinito, a lawyer and researcher with APIB.<\/p>\n\n\n\n

Those defending the state\u2019s case, such as the bill\u2019s rapporteur and federal deputy Arthur Maia<\/a>, as well as representatives of agribusiness<\/a>, argue that it would guarantee legal certainty for landowners.<\/p>\n\n\n\n

Both the bill and the supreme court case involve the marco temporal<\/em>, which would require Indigenous peoples to prove that they occupied the areas they claim on 5 October 1988, the day Brazil\u2019s federal constitution was enacted, following the end of the country\u2019s military dictatorship (1964\u20131985).<\/p>\n\n\n\n

\"A<\/div>
Guarani Indigenous women in the Jaragu\u00e1 territory, S\u00e3o Paulo. Their community is waiting on legal decisions over the marco temporal<\/em>, which would require Indigenous people to prove they were occupying lands they claim on 5 October 1988, the day of Brazil\u2019s current constitution. (Image: Dan Agostini \/ Di\u00e1logo Chino)<\/div><\/div><\/div><\/div>\n\n\n\n

The marco temporal<\/em> proposal would disregard the forced displacements that Indigenous peoples have suffered throughout history, particularly at the beginning of European colonisation starting from the 16th century, as well as during the military dictatorship<\/a>. It also overlooks the existence of archaeological evidence of the occupation of Indigenous peoples in Brazilian territory \u2013 such as that of the Guarani peoples in the modern-day states of S\u00e3o Paulo and Mato Grosso do Sul \u201cat least two thousand years ago,\u201d explains Eduardo Neves, professor and director of the Museum of Archaeology and Ethnology at the University of S\u00e3o Paulo.<\/p>\n\n\n\n

Although the marco temporal<\/em> proposal appears in both lawsuits, the bill, according to Alfinito, has \u201cmany more devastating and clearly unconstitutional points.\u201d The law would allow, for example, economic activities, such as mining<\/a>, that would degrade the vegetation protected by Indigenous lands.<\/p>\n\n\n\n

For Djekupe and Suru\u00ed, environmental protection must be prioritised above economic interests \u2013 something Indigenous groups can play a key role in supporting. \u201cWe preserve the trees, the endangered bees and hundreds of springs in [Jaragu\u00e1], where there is a very important water table [the underground level below which water can be found],\u201d says Djekupe. <\/p>\n\n\n\n

For Suru\u00ed, ensuring the protection of these Indigenous lands \u2013 and the ecosystems within them \u2013 will have implications far beyond their ever-threatened borders: \u201cWe\u2019re not just talking about the lives of the Indigenous peoples. We\u2019re talking about the lives of everyone, including those who are deciding against our future.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"

Faced with threats and contentious proposals for a cut-off date on ancestral land claims, communities in S\u00e3o Paulo push back<\/p>\n","protected":false},"featured_media":50375467,"comment_status":"closed","ping_status":"closed","template":"","categories":[50039900],"tags":[502,555,559,560],"country":[50000021],"class_list":["post-50375291","photo_story","type-photo_story","status-publish","has-post-thumbnail","hentry","category-justice","tag-activism","tag-indigenous-peoples","tag-land-rights","tag-law","country-brazil"],"acf":[],"yoast_head":"\nIndigenous groups in Brazil fight for their lands as legal change looms<\/title>\n<meta name=\"description\" content=\"Faced with threats and contentious proposals for a cut-off date on ancestral land claims, communities in S\u00e3o Paulo push back\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" 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