Legal Obstacles to Indigenous Mobilization and Representation in Brazil

OBSTÁCULOS LEGAIS À MOBILIZAÇÃO E REPRESENTAÇÃO INDÍGENA NO BRASIL

Published: March 2021

ICNL partners Luiz Henrique Eloy Amado and Ana Carolina Alfinito Vieira have published a new Portuguese language report, Obstáculos Legais à Mobilização e Representação no Brasil (Legal Obstacles to Indigenous Mobilization and Representation in Brazil). This report investigates two important legal barriers to organization and representation of indigenous peoples in Brazil today: the incomplete recognition given by state institutions to traditional organizations of indigenous peoples and the criminalization of the indigenous movement – that is, the use of criminal law to delegitimize, persecute, and render unfeasible the exercise of the political rights and freedoms of people who are part of or are allied with the movement. The research was carried out in close collaboration with Brazilian indigenous movement leaders, lawyers, and other stakeholders who closely follow the planning and execution of Brazilian indigenous policy. It is also based on extensive research of Brazilian law, judicial holdings and criminal proceedings throughout the country’s history.