Brazilian Senate committee postpones vote on economic exploitation in Indigenous Territories

By Ana Cláudia Leocádio – From Cenarium

BRASÍLIA (DF) – The Senate’s Human Rights Committee (CDH) postponed, this Wednesday, the 16th, the vote on two bills regulating economic exploitation in Indigenous Territories. Both proposals received favorable reports but sparked disagreement among members, particularly regarding the definition of the term prosperity, defended by the authors and the rapporteur, which may not align with the cultures of Indigenous peoples. Two senators requested to review the bills, leading to the postponement of the vote.

The first proposal is Bill 6.050/2023, introduced by the Parliamentary Inquiry Commission (CPI) on Non-Governmental Organizations—known as the “NGO CPI”—at the conclusion of its work in December 2023. The CPI was chaired by Senator Plínio Valério (PSDB-AM) and had Senator Márcio Bittar (União-AC) as rapporteur. The bill authorizes broad-scale exploitation in Indigenous Territories, including mineral, oil, and natural gas extraction.

The second bill, authored by Senator Mecias de Jesus (Republicanos-RR), is Bill 1.331/2022. It allows third parties to conduct research and mining in officially recognized Indigenous Territories, includes the participation of Indigenous peoples in the mining proceeds, and makes such activities conditional on the free, prior, and informed consent of the Indigenous population.

Senator Márcio Bittar, rapporteur for Bill 6.050/2023, read his report recommending approval and made only minor editorial adjustments to the text. He argued that the proposal would bring independence and the possibility of prosperity to Indigenous peoples. According to the senator from Acre, further delaying the vote would mean that Congress continues to contribute to the hunger and misery experienced by Indigenous communities.

Senator Rogério Carvalho (PT-SE) requested to review the bill, explaining that the notion of prosperity is not absolute and needs to be debated with both Indigenous representatives who support and those who oppose this perspective. He was joined by Senator Paulo Paim (PT-RS), who also requested to review the proposal.

“We cannot keep repeating the same historical mistakes of assuming that our rationality and concepts must be imposed on these peoples. Before proposing measures of this kind, we need to open a debate and listen—not only to those who claim to defend Indigenous peoples, who also have their own bias, nor to those who think they have the formula for prosperity. We need to find another term that truly respects the essence, the way of life, the culture, the tradition, and what these peoples represent,” argued Carvalho.

CDH president Senator Damares Alves (Republicanos-DF), who served as rapporteur for Mecias de Jesus’s bill, also issued a favorable opinion, with a few adjustments to replace outdated terms that could cause confusion. Once again, Senators Carvalho and Paim requested time to review the proposal and have until the committee’s next meeting to return the bills.

Mecias de Jesus defended his proposal, stating that it offers an alternative for improving the lives of Indigenous populations. “The reality of Indigenous communities—regardless of political leanings—is cruel and plagued by hunger. We face tremendous difficulty providing assistance to the ‘Indians’. This bill offers some degree of independence and gives Brazilian Indigenous peoples the right to prosper. [By delaying this], the National Congress becomes complicit in the subhuman conditions in which most of these populations live,” he stated.

In April 2025, the Senate created a Working Group (GT) to study and propose legislation for regulating mining in Indigenous Territories, with a deadline of 180 days. Chaired by Senator Teresa Cristina (PP-MS), the group has yet to meet with the other ten members to discuss a work plan.

Edited by Adrisa De Góes
Translated from Portuguese by Gustô Alves