Rights and mistakesin the demarcation of indigenous lands

Abstract

The indigenous land demarcation process in Brazil was better established by the promulgation of Brazilian Constitution of 1988, being mandatory to Fundação Nacional do Índio (Funai) to carry out the related works within its competence to comply with the indigenous policy in Brazil. This article intends to comprehend the mechanisms behind such land demarcation, as well as to assess the importance of the technical quality of the Robust Scoping Report and Identification (RCID), which is the main component of an administrative procedure conducted by a recognized qualified anthropologist. Good methodology in preparing the RCID contributes to expedite the process of recognition of the rights of indigenous peoples to land. It was examined whether the administrative procedures of Decree No. 1775/1996 and MJ Ordinance No. 14/1996 were applied in the RCID elaboration processes. Failure to comply with legal criteria in preparing the RCID and the restriction of the constitutional right to adversarial in the administrative process are at the root of the legal uncertainty in the processes of recognition of indigenous rights to lands they traditionally occupy.