The Constitutional Amendment Proposal 48 (PEC 48), also known as the “PEC of Death”, aims to introduce the “Time Frame” concept into the Federal Constitution.
The struggle against the Time frame thesis is again gaining momentum in Brazil. On Wednesday, July 10, the Federal Senate appraised PEC 48 during the session of the Constitution, Justice, and Citizenship Committee (CCJ). In response, the Indigenous movement, through the Articulation of the Indigenous Peoples of Brazil (APIB), is calling for mobilizations in Brasília, in territories, and communities.
Popularly known as the “PEC of Death” by Indigenous peoples, the proposal aims to amend Article 231 of the Federal Constitution by establishing a time frame for the occupation of Indigenous lands as of October 5, 1988. The PEC of Death was introduced by Senator Hiran Gonçalves (Progressistas Party) on September 21, 2023, the same day the Supreme Federal Court (STF) declared the time frame concept unconstitutional. APIB and over 60 civil society organizations manifested their condemnation against PEC 48.
For APIB, the time frame concept is an agribusiness and anti-Indigenous proposal as it violates the original right of peoples to their ancestral territory, already recognized by the 1988 Constitution, which PEC 48 seeks to alter. The thesis also ignores the violence and persecutions that Indigenous peoples have faced for over 500 years, especially during the military dictatorship, which prevented many peoples from being in their territories on that exact date in 1988.
On Wednesday (10), Senate discussions on PEC 48 ended with a collective request for revisions from the parliament, and the debate should be resumed by October 30, 2024. Until then, APIB will continue its mobilization against PEC 48 and calls for support from the international community committed to the defense of indigenous rights.
Violence and Health
If the Death PEC is approved, the lives of Indigenous peoples will be at even greater risk. This is because the time frame concept affects all Indigenous Lands in Brazil, regardless of their current recognition status, and encourages invasions and violence in these lands, as is already being seen in the territories of the Tapeba people in the state of Ceará and the Pataxó people in Bahia.
APIB’s indigenous leaders state that the increase in violence in ancestral territories directly harms the ways of life, education, physical and mental health of indigenous families. In the Yanomami Indigenous Land in Roraima, more than 200 Indigenous people had mercury in their bodies in 2022, as shown by a study conducted by Fundação Oswaldo Cruz (FioCruz) published on the website (o) eco. FioCruz also analyzed 47 fish samples, all of which contained the toxic metal, derived from illegal mining within or near the Yanomami territory.
According to the UN, mercury contamination can cause serious neurological damage, leading to symptoms such as tremors, insomnia, memory loss, headaches, muscle weakness, and even death.
Climate Change
Furthermore, the APIB points out that guaranteeing the demarcation and protection of Indigenous territories is a solution for combating climate change globally. Indigenous Lands are areas with the greatest biodiversity and the most preserved vegetation, as they are protected and managed by Indigenous peoples. Approving PEC 48 means preventing the true defenders of the biomes, the Indigenous peoples, from caring for and preserving the environment.
An example of this is the result of data analysis conducted by APIB in 2022, in partnership with the Amazon Environmental Research Institute (IPAM), using MapBiomas data. It shows that in Brazil, 29% of the territory surrounding Indigenous Lands is deforested, while within Indigenous Lands, deforestation accounts for only 2% in the last 30 years.
“We continue to be victims of discriminatory and racist policies, severely worsened in the past six years by government neglect and the encouragement of invasions led by various criminal organizations whose practices only deepen climate change. […] For this to end and for us to continue caring for the well-being of our peoples and all humanity, contributing to climate balance, we declare a Climate Emergency with a loud voice,” says a passage from the Open Letter from the Free Land Camp 2023 – Indigenous Peoples declare climate emergency. Read the full text [here].
Unconstitutionality
Maurício Terena, Indigenous lawyer and coordinator of Apib’s legal department, explains that the National Congress legalized the Time Frame concept through Law 14.701/2023 (Popularly known as the Indigenous Genocide Law). However, the legislation may have its effects suspended by the STF as it violates the Federal Constitution.
Terena emphasizes that amending the Constitution is possible through a constitutional amendment proposal, but that unchangeable clauses – such as the fundamental rights of Indigenous peoples – cannot be revoked or regressed by the National Congress.
Therefore, APIB, through its legal department, requests that PEC 48 be removed from the National Congress agenda and archived.
Check out the technical note on the Death PEC: https://apiboficial.org/files/2024/07/Nota-T%C3%A9cnica-PEC-48_2023-.pdf
Learn more about the time frame concept situation in the STF: https://apiboficial.org/2024/07/09/gilmar-mendes-ignora-movimento-indigena-e-agenda-reuniao-de-conciliacao-sobre-marco-temporal/).
Find out more about the Time Frame concept: https://apiboficial.org/marco-temporal/.