1

BRAZIL

May 2012 GENERAL COMMENTS Brazil has the most complex system of forest tenure of all countries, with a total of 8 tenure regimes. These regimes can be classified into three types: a) Community rights to forest resources within conservation unit areas; b) Community rights to forest resources within agrarian reform settlements; and c) recognition of the rights held by Indigenous or Quilombola communities. RESEX, Sustainable Development Reserves and National Forest fall into first category. The main purpose of these areas is conservation and the government body responsible for overseeing them is the ICMBio. These areas tend to have more environmental restrictions, which in turn limits the rights of communities living inside their jurisdiction. Brazilian experts Marcelo Arguelles de Souza and José Benatti have pointed out that, in practice, it is almost impossible for communities to fully exercise their legal rights because of these restrictions. Dr. Marcelo Arguelles de Souza adds that the commercial use of NFTPs and timber-resources within these areas are not yet fully regulated. On the other hand, the main focus of the agrarian reform settlements, namely Agro-Extractive Settlement Projects, Forest Settlement Projects and Sustainable Development Projects, is to regularize residents' land status. Thus, the environmental restrictions, although also present, are relatively less stringent. INCRA is the government body responsible for these settlements and its aim is to promote the occupation of empty spaces in the Brazilian national territory, mainly in the Amazon, through processes of land regularization. Indigenous and Quilombola Territories are the constitutional recognition of the rights of native and African-Brazilian populations, respectively. Indigenous Territories, created by decree, are stronger than Quilombola Territories, which are created by a land title process in that rights given by decree are harder to take away than rights given by title. The titling process for Quilombola Territories is considered a very cumbersome and slow process and is the subject of many political discussions. Mr. Benatti believes that where there is overlap between these tenure regimes, the hierarchy of rights should be: Indigenous Territories, Quilombola Territories, Conservation Units (RESEX, Sustainable Development Reserves, and National Forests) and lastly traditional population settlements (Agro-Extractive Settlements Projects, Forest Settlement Projects and Sustainable Development Projects)(Interview with Benatti).

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1.0 | Reserva Extrativista (RESEX) (Extractive Reserve)

Rating Rationale

General Description RESEX are a result of the struggle between seringueiros (rubber tappers) and extractivist families who defend their right to use forest resources and prevent forest destruction at the hands of agriculture and timber interests. RESEX are nature reserve areas within the public domain in which traditional extractive populations can carry out subsistence activities. These populations are permitted to engage in extractive activities and may also farm and graze small animals. They can use forest resources according to the conditions determined by the law as well as the terms of the Contrato de Direito Real de Uso (CDRU)(Contract of Real Right to Use). The CDRU aims to ensure the sustainable use of natural resources within the conservation unit and protect the basic livelihoods and culture of these populations. An association of families within this traditional population may collectively hold usufruct rights for a specific area within the RESEX. This association can then allocate land use rights to individual households. Traditional populations may deforest up to 20% of the total RESEX area. The responsible government body is the Instituto Chico Mendes de Conservação da Biodiversidade (ICMBio).

Legal documents consulted: Article 18 of National Conservation Units (SNUC) Law N° 9985/2000; Decree N° 4340/2002; ICMBio Normative Instruction N° 3/2007

Legislation confers rights to: Traditional populations represented by a legal association registered with ICMBio

Article 17, ICMBio Normative Instruction N° 3/2007

Access

1

The RESEX is an area of public domain where usufruct rights are granted to extractive populations (Art. 18, SNUC Law N° 9985/2000). The conditions under which and how use may occur is dependent upon the terms of the CDRU and the Management Plan (Art. 23, SNUC Law N° 9985/2000).

Withdraw (NTFP)

2

The commercial use of NTFPs is dependent upon the terms of the CDRU, Management Plans and Forest Management Plans (Art. 23, SNUC Law N° 9985/2000; Art. 25, Decree N° 4340/2002). The extraction of minerals and hunting for commercial purposes are forbidden.

Withdraw (Timber)

2

The commercial use of timber is only permitted in special situations, must be complementary to other activities developed within the RESEX, (Art. 18(7), SNUC Law N° 9985/2000) and is dependent upon the terms of the CDRU, Management Plans and Forest Management Plans (Art. 23, SNUC Law N° 9985/2000; Art. 25, Decree N° 4340/2002).

Management

1

The RESEX is managed by a Conselho Deliberativo (Advisory Board). Traditional populations have a seat on the Conselho, but cannot unilaterally decide on how the resources are managed (Art. 18(2), SNUC Law N° 9985/2000). The ICMBio presides over the Conselho.

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Exclusion

0

The right to exclude is held by the Conselho Deliberativo and not directly by the traditional populations. The Conselho Deliberativo may allow external access for public visits or scientific purposes (Art. 18(3)(4), SNUC Law N° 9985/2000). In case of an attempt to take over land, the association of families with in the traditional population may go to the courts and request that others be expelled from its land.

Alienation (Lease) 0 The rights of communities within the RESEX are granted by a CDRU (Art. 23, SNUC Law N° 9985/2000). This type of contract does not grant alienation rights. (See also Decree-Law N° 271/1967)

Alienation (Collateral) 0

Alienation (Sale) 0

Extinguishability

1

The CDRU (Art. 23, SNUC Law N° 9985/2000) requires due process of law in order to be terminated by the state. Communities have the right to receive compensation, unless termination occurred because of a contractual violation by the communities. (See also Decree-Law N° 271/1967)

Duration of Rights (Years)

Limited

The rights of communities within the RESEX are established by a CDRU (Art. 23, SNUC Law N° 9985/2000). This type of contract is limited in nature. (See also Decree-Law N° 271/1967)

2.0 | (Sustainable Development Reserves)

Rating Rationale

General Description RDS are natural reserve areas within the public domain inside of which live traditional populations whose existence is based on sustainable systems of natural resources exploration, developed over generations and adapted to local ecological conditions. These populations play a key role in protecting nature and maintaining biological diversity (Art. 20, SNUC Law N° 9985/2000). The responsible government body is the Instituto Chico Mendes de Conservação da Biodiversidade (ICMBio). An association of families within this traditional population collectively holds usufruct rights according to the conditions determined by the law as well as the terms of the CDRU. This association can allocate land use rights to individual households. The main difference between a RESEX and RDS is that private owners are allowed to remain after the creation of a RDS provided they comply with the terms of the Management Plan.

Legal documents consulted: Article 20 of the SNUC Law N° 9985/2000; Decree N° 4340/2002; ICMBio Normative Instruction N° 3/2007

Legislation confers rights to: Traditional population represented by a legal association registered with the ICMBio

Article 17, ICMBio Normative Instruction N° 3/2007

Access 1

One of the basic objectives of the RDS is to assure the conditions and necessary means for the exploration of natural resources by traditional populations (Art. 20(1), SNUC

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Withdraw (NTFP) 2

Law N° 9985/2000). The commercial use of natural resources is regulated by the terms of the CDRU and Management Plan (Art. 23, SNUC Law N° 9985/2000; Art. 25-26, Decree N° 4340/2002).

Withdraw (Timber)

2

One of the basic objectives of RDS is to assure the conditions and necessary means to the exploration of natural resources by traditional populations (Art. 20(1), SNUC Law N° 9985/2000). The commercial use of natural resources is regulated by the terms of CDRU, Management Plans and Forest Management Plans. There is no specific reference to exploration of timber resources. We have considered that the same articles regulating the commercialization of timber and non-timber products in RESEX apply to RDS as well. In general, there are fewer restrictions within RDS than in a RESEX (Art. 23, SNUC Law N° 9985/2000; Art. 25-26, Decree N° 4340/2002).

Management

1

RDS are managed by a Conselho Deliberativo (Advisory Board). Traditional populations have a seat on the Conselho but cannot unilaterally decide on how the resources are managed (Art. 20(4), SNUC Law N° 9985/2000).

Exclusion

0

The right to exclude is held by the Conselho Deliberativo and not directly by the traditional populations (Art. 20, SNUC Law N° 9985/2000). The Conselho Deliberativo may allow external access for public visits or scientific purposes (Art. 20(5), SNUC Law N° 9985/2000). In case of an attempt to take over the land, the association of families within the traditional population may go to the courts and request that others be expelled from its land.

Alienation (Lease) 0 The rights of traditional populations within a RDS are granted by a CDRU (Art. 23, SNUC Law N° 9985/2000). This type of contract does not grant alienation rights. (See also Decree-Law N° 271/1967).

Alienation (Collateral) 0

Alienation (Sale) 0

Extinguishability

1

The rights of traditional populations within a RDS are granted by a CDRU (Art. 23, SNUC Law N° 9985/2000). This type of contract requires due-process of law in order to be terminated by the state. Communities have the right to be compensated if termination did not occur due to contractual violation by the communities. (See also Decree-Law N° 271/1967)

Duration of Rights (Years)

Limited

The rights of traditional populations within RDS are granted by a Contrato de Concessão de Direito Real de Uso (Concession Contract for Real Right of Use) (Art. 23, SNUC Law N° 9985/2000). This type of contract is limited in nature. (See also Decree-Law N° 271/1967)

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3.0 | Florestas Nacionais (FLONA) (National Forests)

Rating Rationale

General Description FLONAs are areas of public domain and ownership with predominately native species forest coverage. Its basic goals are multiple sustainable uses of forest resources and scientific research, focusing on methods for sustainable exploitation of native forests. Traditional populations who were living in a National Forest at the moment of its creation have been allowed to remain (Art. 17, SNUC Law N° 9985/2000). An association of families within the traditional population collectively holds usufruct rights. This association can allocate land use rights to individual households. The responsible government body is the Instituto Chico Mendes de Conservação da Biodiversidade (ICMBio).

Legal documents consulted: Article 17 of SNUC Law N° 9985/2000; Law N° 11284/2006; Decree N° 6063/2007

Legislation confers rights to: Traditional populations living in a FLONA at the time of its creation

Article 17(2), SNUC Law N° 9985/2000

Access

1

Traditional populations may use forest resources for subsistence and traditional purposes. The right to use is dependent upon the terms of the Management Plan and Termo de Uso (Terms of Use) (Art. 17(2), SNUC Law N° 9985/2000; Art. 25, Decree N° 4340/2002; Art. 18, Decree N° 6063/2007).

Withdraw (NTFP) 2

Traditional populations may use forest resources for subsistence and traditional purposes. Organized communities can use non-timber and timber resources commercially. Commercial use is dependent upon the Termo de Uso, Management Plan and Forest Concessions (Art. 17(2), SNUC Law N° 9985/2000; Art. 25, Decree N° 4340/2002; Art. 18, Decree N° 6063/2007; Carvalheiro et al. 2010,67).

Withdraw (Timber) 2

Management

0

National Forests are managed by a Conselho Consultivo (Consulting Board) (Art. 17(5), SNUC Law N° 9985/2000). The Conselho Consultivo has less decision power than the Conselho Deliberativo (Advisory Board) (RESEX and RDS). Traditional populations are consulted but do not have the right to make management decisions. Suggestions made by traditional populations within the Conselho Consultivo may or may not be accepted by the managing body (Carvalheiro et al. 2010, 66).

Exclusion

0

Exclusion rights are held by the Conselho Consultivo and not by traditional populations (Art. 20, SNUC Law N° 9985/2000). The Conselho Consultivo may allow external access for public visits or scientific purposes (Art. 17(3)(4), SNUC Law N° 9985/2000 ).

Alienation (Lease) 0 National Forests are areas of public domain and ownership (Art. 17, SNUC Law N° 9985/2000). Alienation (Collateral) 0

Alienation (Sale) 0

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Extinguishability

1

The rights of communities within a National Forest are recognized by a Termo de Uso (Art. 18, Decree N° 6063/2007). This type of contract requires due process of law in order to be terminated by the state. Communities have the right to receive compensation unless termination occurred because of a contractual violation by the community. (See also Decree-Law N° 271/1967)

Duration of Rights (Years)

Limited

The rights of Local Resident Communities are formalized under Termo de Uso between residents of these communities and the state. The Termo de Uso defines limitations on duration (Art. 18, Decree N° 6063/2007).

4.0 | Projetos de Assentamento Florestal (Forest Settlement Projects (unique to the northern region))

Rating Rationale

General Description Forest settlements are based on the exploitation of timber, edible and combustible oil extraction, and plantations of fruit-bearing trees and medicinal herbs. Settled communities may also manage wild species and hydrological resources. In areas where the majority of the forest was cut, settled communities are required to reforest, plant for subsistence use, or raise small animals. An association of families within the traditional population collectively holds usufruct rights. This association can allocate land use to individual households. The creation of these settlements is the responsibility of the Federal Land Reform Agency – the National Institute for Colonization and Agrarian Reform (INCRA).

Legal documents consulted: Article 189 of the Brazilian Constitution of 1988; Law N° 4.504/1964; Law N° 8.629/1993; Decree-Law N° 59.428/1966; INCRA Ordinance N° 1.141/2003; INCRA Normative Instruction N° 15/2004; INCRA Normative Instruction N° 65 /2010

Legislation confers rights to: Communities engaged in sustainable family forestry with a common property regime represented by an association, condominium or cooperative

Article 1 and 2, INCRA Ordinance N° 1.141/2003

Access

1

A Contrato de Direito Real de Uso (CDRU)(Contract of Real Right to Use) determines the right to access. The contract guarantees sustainable, common and family forestry production (Art. 1-2, INCRA Ordinance N° 1.141/2003).

Withdraw (NTFP)

2

Forest Settlement Projects are established specifically for the exploration of timber. Communities may also explore other forest products. A CDRU grants the right to use and benefit. The contract guarantees sustainable, common and family forestry

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Withdraw (Timber)

2

production (Art. 1-2, INCRA Ordinance N° 1.141/2003). Use is dependent upon a Settlement Development Plan (Plano de Desenvolvimento do Assentamento), Management Plan and Forest Management Plan (INCRA Normative instruction N° 15/2004; INCRA Normative Instruction N° 65/2010).

Management 2

Communities help to develop the Settlement Development Plan with technical assistance from INCRA (Art. 4(5)(b), INCRA Normative Instruction N° 15/2004).

Exclusion 1 Members of the community have the right to exclude others (Larson et al. 2009, 24).

Alienation (Lease) 0 The Forest Settlement Projects are authorized by a CDRU (Art. 2, INCRA Ordinance N° 1.141/2003). This type of contract does not grant alienation rights. (See also Decree-Law N° 271/1967)

Alienation (Collateral) 0

Alienation (Sale) 0

Extinguishability

1

The rights of traditional populations within a Forest Settlement Project are granted by a CDRU (Art. 2, INCRA Ordinance N° 1.141/2003). This type of contract requires due process of law to be terminated by the state. Communities have the right to receive compensation unless termination occurred because of a contractual violation by the community. (See also Decree-Law N° 271/1967)

Duration of Rights (Years)

Limited

Community rights within a Forest Settlement Project area are granted by a CDRU (Art. 2, INCRA Ordinance N° 1.141/2003). This type of contract is limited in nature. (See also Decree-Law N° 271/1967). The terms of the contract are non-negotiable for 10 years (Art. 189, Brazilian Constitution, 1988).

5.0 | Projetos de Desenvolvimento Sustentavel (Sustainable Development Projects)

Rating Rationale

General Description Sustainable Development Projects are settlements intended for people who base their livelihood on extractive activities, family farming, and other low-impact environmental activities. All Sustainable Development Projects are established with a collective title held by an association of families within the traditional population. This association can allocate land to individual households. The creation of these settlements is the responsibility of the Federal Land Reform Agency – the National Institute for Colonization and Agrarian Reform (INCRA).

Legal documents consulted: Article 189 of the Brazilian Constitution of 1988; Law N° 4.504/ 1964; Law N° 8.629/1993; Decree-Law N° 59.428/1966, INCRA Ordinance N°477/1999; INCRA Normative Instruction N° 15/2004; INCRA Normative Instruction N° 65/2010

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Legislation confers rights to: Populations subsisting on extractive activities, family farming and other low-impact environmental activities in a common property regime represented by an association, condominium or cooperative

Article 1 and 2, INCRA Ordinance N° 477/1999

Access 1

A Contrato de Direito Real de Uso (CDRU)(Contract of Real Right of Use) determines the right to access. The right is granted in a communal regime (Art. 1- 2, INCRA Ordinance N° 477/1999).

Withdraw (NTFP) 2

A CDRU determines the right to withdrawal. Contract conditions allow for subsistence extractive activities, family agriculture and other low-impact activities (Art. 1- 2, INCRA Ordinance N° 477/1999). A Settlement Development Plan is developed with the help of the families in the association. The Management Plan places conditions on the right to use (INCRA Normative Instruction N° 15/2004; INCRA Normative Instruction N° 65/2010).

Withdraw (Timber)

2

Management

2

Communities help develop the Settlement Development Plan (Plano de Desenvolvimento do Assentamento) with technical assistance from INCRA (Art 4(5)(b)), INCRA Normative Instruction N° 15/2004).

Exclusion 1 Members of the community have the right to exclude others (Larson et al. 2009, 24).

Alienation (Lease) 0 The rights of traditional populations within a Sustainable Development Project are granted by a CDRU (Art. 1- 2, INCRA Ordinance N° 477/1999). This type of contract does not grant alienation rights. (See also Decree-Law N° 271/1967)

Alienation (Collateral) 0

Alienation (Sale) 0

Extinguishability

1

The rights of traditional populations within a Sustainable Development Project are granted by a CDRU (Art. 1- 2, INCRA Ordinance N° 477/1999). This type of contract requires due process of law in order to be terminated by the state. Communities have the right to receive compensation unless termination occurred because of a contractual violation by the community. (See also Decree-Law N° 271/1967)

Duration of Rights (Years)

Limited

Community rights within a Sustainable Development Project area are granted by a CDRU (Art. 2, INCRA Ordinance N° 477/1999). This type of contract is limited in nature. (See also Decree-Law N° 271/1967). The terms of the contract are non-negotiable for 10 years (Art. 189, Brazilian Constitution, 1988).

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6.0 | Projeto de Assentamento Agro-Extrativista (PAAE) (Agro-Extractive Settlement Project)

Rating Rationale

General Description PAAEs are established to allow traditional populations to explore areas rich in extractive resources through economically viable, socially just and ecologically sustainable activities (Art. I, INCRA Ordinance N° 268/1996). The land is held under a common property regime by an association of families within the traditional population. This association can allocate land use to individual households. The main activity undertaken by traditional populations is the extraction of forest products. Communities may practice subsistence agriculture. The creation of these settlements is the responsibility of the Federal Land Reform Agency – the National Institute for Colonization and Agrarian Reform (INCRA).

Legal documents consulted: Article 189 of the Brazilian Constitution of 1988; Law N° 4.504/1964; Law N° 8.629/1993; Decree-Law N° 59.428/1966; INCRA Ordinance N° 268/1996; INCRA Ordinance N° 269/1996; INCRA Normative Instruction N° 65/2010

Legislation confers rights to: Communities within the traditional population that occupy a forested area with a common property regime represented by an association, condominium or cooperative

Article 1 and 2, INCRA Ordinance N° 268/1996

Access

1

A Contrato de Direito Real de Uso (CDRU)(Contract of Real Right of Use) determines the right to access. The right is granted in a communal regime (Art. 1 and 2, INCRA Ordinance N° 268/1996).

Withdraw (NTFP)

2

PAAEs have been established to allow traditional populations to extract forest products, such as such seringueira (natural rubber), nuts, fruits, oils and essences, medicinal plants, etc. Communities may practice subsistence agriculture (Art. 1, INCRA Ordinance N° 268/1996). The commercial use of natural resources is dependent upon the terms of the CDRU, Management Plan and Forest Management Plan (INCRA Normative Instructions N° 65/2010).

Withdraw (Timber)

Not available

PAAEs have been established to allow traditional populations to extract NTFP and engage in subsistence agriculture (Art. 1, INCRA Ordinance N° 268/1996). The regulation does not mention the right to explore timber products.

Management

2

Communities are able to participate in the development of a Settlement Development Plan (Plano de Desenvolvimento do Assentamento) with technical assistance from INCRA (Carvalheiro et al. 2010).

Exclusion 1

Members of the community have the right to exclude others (Larson et al. 2009, 24).

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Alienation (Lease) 0 Community rights within PAAEs are granted by a CDRU (Art. 2, INCRA Ordinance N° 268/1996). This type of contract does not grant alienation rights. (See also Decree-Law N° 271/1967)

Alienation (Collateral) 0

Alienation (Sale) 0

Extinguishability

1

Community rights within PAAEs are granted by a CDRU (Art. 2, INCRA Ordinance N° 268/1996). This type of contract requires due process of law in order to be terminated by the state. Communities have the right to receive compensation unless termination occurred because of a contractual violation by the community. (See Decree-Law N° 271/1967)

Duration of Rights (Years)

Limited

Community rights within PAAEs are granted by a Contrato de Concessão Real de Uso (Concession Contract for Real Right of Use) (Art 2, INCRA Ordinance N° 268/1996). This type of contract is limited in nature. (See Decree-Law N° 271/1967). The terms of the contract are non-negotiable for a 10 year term. (Art. 189, Brazilian Constitution, 1988).

7.0 |

Rating Rationale

General Description Quilombos are communities in remote forest areas formed by runaway slaves during the period of slavery. Communities living in these areas developed particular customs and traditions over the years. The Federal Constitution of 1988 recognized the rights of these communities for the first time (Art. 68, Transitory Provisions, Brazilian Constitution, 1988). The process of Quilombo Territory regularization is long and cumbersome. It begins with a proclamation of self-recognition by Quilombola families to the Fundação Palmares (Palmares Foundation), which then recognizes the Quilombola community and issues a Certidão de Registro no Cadastro Geral de Remanescentes de Comunidades de Quilombos (Certificate of Registration in the General Register of Remnants of Quilombo Communities) (Art. 6, INCRA Normative Instruction N° 56/2009). After that, INCRA compiles a technical report regarding the identification and delimitation of the Quilombola Territory (Art. 8-10, INCRA Normative Instructions N° 56/2009). Upon termination of this report INCRA’s president can give an indivisible collective land title, with inalienability, imprescriptibility and unseizability clauses (Art. 24, INCRA Normative Instructions N° 56/2009). Once the title is grated, internal distribution and access rules are based on the traditional practices of the community (Larson et al. 2009, 23). The creation of these reserves and their settlement is the responsibility of the Federal Land Reform Agency – the National Institute for Colonization and Agrarian Reform (INCRA).

Legal documents consulted: Article 68 of the Transitory Provisions of the Brazilian Constitution of 1988; Decree N° 4.887/2003; INCRA Normative Instruction N° 56/2009

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Legislation confers rights to: Quilombo communities represented by legally constituted associations

Article 17, Decree N° 4.887/2003

Access

1

The constitutional recognition of Quilombola Territory (Art. 68, Transitory Provisions, Brazilian Constitution, 1988) is implemented (after a long process) through an indivisible collective land title. Once this title is granted, access rights are guaranteed.

Withdraw (NTFP) 2

The constitutional recognition of Quilombola Territory (Art. 68, Transitory Provisions, Brazilian Constitution, 1988) is implemented (after a long process) through an indivisible collective land title. Once this title is granted, withdrawal rights are guaranteed. Commercial exploration of forest resources is dependent upon the terms of a Forest Management Plan. (See also Carvalheiro et al. 2010 ,103)

Withdraw (Timber) 2

Management

2

The constitutional recognition of Quilombola Territory (Art. 68, Transitory Provisions, Brazilian Constitution, 1988) is implemented (after a long process) through an indivisible collective land title. Once this title is granted, management rights are guaranteed.

Exclusion

1

The constitutional recognition of Quilombola Territory (Art. 68, Transitory Provisions, Brazilian Constitution, 1988) is implemented (after a long process) through an indivisible collective land title. Once this title is granted, exclusion rights are guaranteed.

Alienation (Lease) 0 A Quilombola community property title must have an inalienability, imprescriptibility and unseizability (impenhorabilidade) clause (Art. 17, Decree N° 4.887/2003). Alienation (Collateral) 0

Alienation (Sale) 0

Extinguishability

1

The constitutional recognition of Quilombola Territory (Art. 68, Transitory Provisions, Brazilian Constitution, 1988) is implemented (after a long process) an indivisible collective land title. Once this title is granted, the state must comply with due process and provide compensation in order to expropriate land from Quilombola communities.

Duration of Rights (Years)

Unlimited

The constitutional recognition of Quilombola Territory (Art. 68, Transitory Provisions, Brazilian Constitution, 1988) is implemented (after a long process) through an indivisible collective land title. This title is valid for an unlimited period of time (Art. 24, INCRA Normative Instructions N° 56/2009).

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8.0 | Terras Indígenas (Indigenous Lands)

Rating Rationale

General Description Indigenous Land is a statutory recognition of the land traditionally occupied and used by indigenous peoples in Brazil. Indigenous people live there on a permanent basis and are considered an indispensable part of the preservation of environmental resources. These resources are necessary for their well-being and for the preservation of their cultural heritage. The Indigenous Territory is officially created and delimited by a federal decree.

Legal documents consulted: Article 231(1) of the Brazilian Constitution of 1988; Law N° 6.001/1973 (Indigenous Peoples Statute); Decree N° 1.775/96

Legislation confers rights to: Indigenous or aboriginal people, represented by their customary leadership

Article 2(3), Decree N° 1.775/96

Access 1

Indigenous or aboriginal people with permanent possession of the lands they inhabit have exclusive usufruct rights concerning natural resources and all existing utilities within those lands (Art. 22, Law N° 6.001/1973).

Withdraw (NTFP)

2

The usufruct right provided to indigenous peoples includes the right to possession, use and benefit of natural resources and all existing utilities in occupied lands. It also includes the products of economic exploitation of such natural resources and utilities (Art. 22-24, Law N° 6.001/1973). Commercial exploration of forest resources is dependent upon the terms of a Forest Management Plan. Indigenous people have seldom commercially exploited forest resources (Interview with Benatti).

Withdraw (Timber) 2

Management 2

Indigenous and aboriginal people may manage their land according to their traditional laws (Art. 22-31, Law N° 6.001/1973).

Exclusion

1

Indigenous or aboriginal people with permanent possession of the lands they inhabit have exclusive usufruct rights concerning natural resources and all existing utilities within those lands (Art. 22, Law N° 6.001/1973). Enacted legislation regarding the occupation and possession of Indigenous Land, or the exploration of natural resources therein are not legally valid, with the exception of relevant public interest (Art. 231(6), Brazilian Constitution, 1988). Article 20 of Law N° 6.001/1973 lists the cases in which the central government can intervene on Indigenous Land.

Alienation (Lease) 0 Indigenous Lands are inalienable and untransferable, and the rights thereto imprescriptible (Art 231(4), Brazilian Constitution, 1998). Alienation (Collateral) 0

Alienation (Sale) 0

Extinguishability 1

Given the constitutional status of Indigenous Lands we have assumed that due process and compensation are required. (See also Art. 232, Brazilian Constitution, 1988)

Duration of Rights (Years) Unlimited

Indigenous Lands are inalienable and untransferable, and the rights thereto imprescriptible (Art 231(4), Brazilian Constitution, 1998).

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