Par. 6 Once the work of identification and delimitation is concluded, the technical group will present
a substantiated report to the federal organ for the assistance to indigenous people, indicating the
indigenous territory to be demarcated.
Par. 10 Once the report is approved by the president of the federal organ for the assistance to
indigenous people, he will publish, within fifteen days of its receipt, a summary of the report in the
Official Gazette of the Union and in the Official Gazette of the respective state where the area under
demarcation is located, along with a descriptive document and a map of the area, and it will also be
publicized at the headquarters of the respective Municipality.25
40.
Once the study of identification and delimitation has been approved by FUNAI, third parties
interested in the identified and delimitated territory may challenge the FUNAI studies and litigate their
property rights with regard to the area, or request compensation for improvements (benfeitorias) in
accordance with paragraphs 8 and 9 of Article 2 of Decree No. 1.775, a situation in which the file will have to
be submitted to the Minister of Justice:
Par. 8 Since the start of the demarcation process until ninety days after the publication
referred to above, states and municipalities where the area under demarcation is located
and other interested parties may intervene, by submitting to the federal organ for the
assistance to indigenous peoples communications with all relevant evidence such as title
deeds, surveys, reports, witness statements, photographs and maps, to litigate compensation
or to demonstrate total or partial flaws, in the report referred to above.
Par.9 Within sixty days, the federal organ for the assistance to indigenous peoples must send
the relevant file to the Minister of Justice, together with opinions concerning the reasons and
evidence presented26.
41.
After receiving the file, the Minister of Justice shall adopt a decision within a period of thirty
days, according to paragraph 10 of article 2 of Decree No. 1.775. According to items I, II and III, respectively,
of that provision, the Minister of Justice may: (i) declare by ministerial decision, the boundaries of the
indigenous territory and order its demarcation; (ii) identify any additional necessary measures, to be taken
within ninety days; or (iii) reject the identification and delimitation study and return the file to FUNAI,
through a substantiated decision27.
42.
If the decision of the Minister of Justice confirms the identification and delimitation and
orders the demarcation of the indigenous territory, Article 4 of Decree No. 1.775 determines the recovery of
the area, in the following terms, "if it the presence of non-indigenous occupants in the area under
demarcation is verified, the federal organ will proceed with their removal as a matter of priority, in
accordance with the study prepared by the technical group, and respecting the applicable law." 28
43.
Likewise, under Article 5 of Decree No. 1.775, "once the administrative process established
in this Decree has taken place, the demarcation of indigenous lands will be homologated by decree"29 of the
President of the Republic.
44.
Finally, Article 6 of Decree No. 1.775 provides that "within thirty days after the publication of
the decree of approval, the federal organ for the assistance to indigenous peoples will promote the respective
registration [of the indigenous territory] in the property registry of the corresponding municipality and with
the Union’s Secretariat for Federal Heritage". 30
Annex 1. Relevant legislation. Decree n. 1.775
Annex 1. Relevant legislation. Decree n. 1.775
27 Annex 1. Relevant legislation. Decree n. 1.775, Article 2, Paragraph 10, sub clauses I,II,III.
28 Annex 1. Relevant legislation. Decree n. 1.775, Article 4.
29 Annex 1. Relevant legislation. Decree n. 1.775, Article 5.
30 Annex 1. Relevant legislation. Decree n. 1.775, Article 6.
25
26
10