We faced a multiple attack on democracy in the Brazilian National Congress this Tuesday, December 9th. At the same time that Constitutional Amendment Proposal (PEC) No. 48 (the Death Amendment) was being voted on in the Senate, the legislative police of the Chamber of Deputies violently expelled Congressman Glauber Braga from the plenary and physically assaulted Indigenous Congresswoman Célia Xakriabá. During the night, the Chamber, under the leadership of Hugo Motta (REPUBLICANOS – PB), approved the reduction of penalties for the fascist Jair Bolsonaro and those convicted of attempting a coup d’etat.
APIB expresses its total repudiation of the violence perpetrated by the National Congress, of its anti-Indigenous actions, attacks against democracy and actions against the people’s representatives. We also repudiate the aggression committed against journalists, who were pushed and prevented from doing their jobs by the legislative police.
PEC 48, proposed by Senator Hiran Gonçalves (PP–RR) and approved yesterday in the Senate by 52 votes in favor, without review by the Constitution and Justice Committee (CCJ) and in violation of established decisions of the Federal Supreme Court (STF), seeks to make the so-called Time Frame (Marco Temporal) constitutional. The substitute text presented by Senator Esperidião Amin (PP–SC) promotes a profound restructuring of the constitutional regime of Indigenous lands, institutionalizing the denial of Indigenous rights.
The Constitutional Amendment Proposal maintains as definitive the land titles and deeds held of non-Indigenous people even when the area is a traditional Indigenous territory, thereby legalizing forced removals. It prohibits any revision of previously established boundaries, including cases in which errors by the State in the demarcation process are proven; authorizes the replacement of Indigenous territories with “equivalent areas”; and requires, from the very beginning of the demarcation procedure, the participation of federative entities, occupants, and private landowners—transforming the constitutional process of demarcation into a permanent arena of political and economic dispute.
In cases where there is no replacement of the Indigenous community with another area, the PEC determines that the Federal Government must carry out expropriation for social interest, with payment of market value for the bare land and for improvements considered useful and necessary—turning original rights into extraordinary costs for the State and making future demarcations unfeasible. Furthermore, Constitutional Amendment Proposal No. 10 (PEC 10), also in the Senate, legalizes the leasing of Indigenous lands.
This is a legislative package of de-constitutionalization that transforms original rights into exceptions, converts reparations for forced removals suffered by our peoples into negotiations, and subordinates the Constitution to private interests over Indigenous lands. The Federal Senate has Indigenous blood on its hands!
All this happens on the eve of the historic judgment by the Federal Supreme Court of the so-called Indigenous Genocide Law (Law No. 14,701/2023), taking place this afternoon.
The Brazilian National Congress is under the control of far-right politicians who act against the interests of the Brazilian population. With this package of destruction, they attempt to dismantle our rights while stealing from us through billions in parliamentary amendments of dubious purpose.
The year 2026 is an election year. This time, we will not allow the Brazilian population to forget who the congresspeople of death are. We will remember every one of those who act against fundamental rights and against democracy.
We, Indigenous peoples, once again declare our trust in the Federal Supreme Court, guardian of the Constitution, which has already recognized Indigenous rights as immutable constitutional clauses (cláusulas pétreas).
We reaffirm: the original rights of Indigenous peoples predate the Brazilian State and cannot be reduced through legislative maneuvers. We will remain mobilized and in PERMANENT STRUGGLE in defense of the Constitution and of life.