TRADITIONAL PEOPLES AND COMMUNITIES IN BRAZILAT A CROSSROADS

JULIO CESAR DE SA ROCHA*

ABSTRACT

This paper investigates the issue of peoples andtraditional communities, the Brazilian legal system, theimplementation of national policy on traditional peoplesand communities. (Decree 6040/2007). The paper discussestheoretical frameworks of anthropology, it suggests theemergence of a field of ethnic rights and the situationof indigenous communities and maroon (quilombo). The paperalso discusses Legislative initiatives (proposedconstitutional amendment) and violation of the principle ofprohibition of environmental retrogression. At last,analyzes the performance of the Federal Public Prosecutors(MPF) in the defense of communities and sustainability, the"State of Exception" and Guarantee Law and Order and thesituation of indigenous peoples and maroons (quilombos).

RESUMO

O trabalho investiga a questão dos povos e comunidadestradicionais, o sistema jurídico brasileiro, aimplementação da política nacional de povos e comunidadestradicionais. (Decreto 6040/2007). O artigo discute marcosteóricos da antropologia, ele sugere a emergência de um

* PhD and Master in Law at PUC Sao Paulo. Postdoctoral Fellowin Anthropology at UFBA. Professor at UFBA Law School (Graduateand Doctorate Program), Bahia, Brazil. Email julior@ufba.br;home-page: www.grupodepesquisapct.ufba.br, Address: Faculdade deDireito da UFBA, Rua da Paz, s/n, Graça, CEP: 40150-140,Salvador, Bahia, Brazil.

campo de direitos étnicos e a situação das comunidadesindígenas e quilombolas (quilombo).O artigo também discuteiniciativas legislativas (Proposta de EmendaConstitucional) e violação do princípio da proibição doretrocesso ambiental. Por fim, analisa o desempenho doMinistério Público Federal (MPF) em defesa das comunidadese sustentabilidade, o "estado de exceção" e garantir a leiea ordem e a situação dos povos indígenas e quilombolas(quilombos).

KEYWORDS

Peoples and traditional communities; rights; Brazil

PALAVRAS-CHAVE

Povos e comunidades tradicionais;direitos; Brasil

1.INTRODUCTION

First of all, traditional peoples and communities in Brazil

are at a crossroads. On the one hand, it came out of

stealth with the Federal Constitution of 1988 and Decree

6040/2007. On the other hand, Indigenous, Maroons

(quilombos) , fishermen, holy people , background and

closing pasture – babassu coconut breakers , people from

the field , among others , are being threatened by

economic pressure, the State structure itself and

legislative initiatives, as PEC (proposal constitutional

amendment) 215. In the words of Boaventura de Sousa Santos,

a process of recognition of new rights that have been

guaranteed “constitutional legal systems, closed before the

recognition of multiculturalism and multi-ethnicity, were

recognized, one by one (...) a diverse ethnic background

and culture“1.

The discussion on the rights of traditional peoples and

communities is something still incipient. This is a topic

that deserves systematic treatment in either legal

courses, whether in the social sciences in general. In a

way, the reflections undertaken introduce the reflection

that the emergence of the category " traditional

communities " provokes recognition and demand for

differentiated rights, including collective rights,

surpassing the classical liberal and the individualistic

citizen who is born of the bourgeois revolutions of the

seventeen and eighteen centuries.

The new collective historical subject articulates the

demands of dignity, participation, satisfaction “more just

and equal basic human needs of large parcels socially

excluded, exploited and dominated society “2 In turn, “the

story of the people reveals that there are racial

differences that are created and recreated within the

social inequalities3.

In making happen of the constitutional political

participation with different social communities has been

prepared and the federal and state governments have

institutionalized administrative structures of the State,

such as the Ministries, Departments and collegiate bodies

such as the National Commission for Sustainable

Development of Traditional Peoples and Communities4.

Therefore, starting in 2007 with the formation of national

policy for traditional communities, a diversity of ethnic

and racial groups removed of a clear institutional

invisibility. Such invisibility is reflected "the absence

of any instance of the government responsible for the

coordination and implementation of policies for these

peoples and communities"5. The normative conceptualization

of these communities is established as:

"Groups culturally diverse and who recognize

themselves as such , they have their own forms of

social organization , which occupy and use territories

and natural resources as a condition for their

cultural , social , religious , ancestral and economic

, using knowledge innovations and practices generated

and transmitted by tradition "6.

Thus, traditional peoples and communities have built over

generations sustainable systems of environmental

exploitation goods, adapted to the ecological conditions

and based on knowledge relating to biological diversity,

explicit harmony with nature and subsistence.

In turn, there are demands for the rights of traditional

communities that not fully realized yet, either by historic

deficits, lack of elite interests and lack of preparation

for meeting the state claims, the lack of legal training

specific professional graduates of law schools, for time

spent in the process of recognizing and titling,

difficulties mediation of conflicts, including the insertion

of current issues such as institutional racism,

environmental and religious intolerance. In fact there is

"the need to build the prospect of a democratic system that

incorporates the notion of diversity of race and class"7.

2. THE CONTRIBUTIONS OF THE DISCUSSIONS OF ETHNIC GROUPS AND

ETHNICITY IN FREDRIK BARTH AND ROBERTO CARDOSO DE OLIVEIRA

The themes of ethnic groups and ethnicity are extremely

relevant to social anthropology. The discussion refers to

the criteria for defining ethnic group and points, for

example, the refusing to leave the anthropological concept

of race (biological) and cultural characteristic of the

first group. In this sense, the term ethnic group can be

understood as a population that perpetuates broadly; shares

fundamental cultural values , constitutes the field of

communication and interaction and have group members who

identifies as constituting other category distinguishable

from other categories of the same type8.

In a nutshell, ethnic group constitutes a social

organization whose members identify themselves and are

identified as such by others, with ethnic identity,

characterized by the distinction, and culture derived from

ethnicity. Another noticeable feature is that the groups

strategically use traditional symbols that reveal practices,

history in common and distinctive destinations: ethnic

discourse and cultural traits mark identity and difference.

It is the ethnic boundary that defines the group, the

differentiation between "us” and "them." At the present

moment, the issue of ethnic boundaries must be understood in

an intercultural contexts and their tensions. The ethnicity

underscores the political and social character, clearly

instrumental in their categorization. To understand

ethnicity, Roberto Cardoso de Oliveira points out this is a

form of interaction between groups operating within common

social contexts.

When dealing with ethnic groups within the category of

"traditional communities" is strengthening the instrumental

character of state protection in the face of demands by

rights groups and explicit demands for social visibility

over the “erasure “ historically submitted.

In sum, Barth emphasizes the need to make an ethno - history

to realize the differences between non-Indians and Indians

to be able to do “(...) the chronicle of gains and cultural

changes and seek to explain why certain items were taken

from loan "9.

Clearly there are differences in the references “ethno -

historical “between indigenous and other traditional

communities. Indeed, there are very strong distinctions

between the indigenous peoples themselves (before about 300

different people). Of course there is an understandable

resistance from indigenous peoples are framed within that

category that brings together communities extremely varied.

3. THE NATIONAL POLICY FOR THE SUSTAINABLE DEVELOPMENT OF

PEOPLES AND COMMUNITIES

Through Decree 6.040/2007 it was instituted the National

Policy for the Sustainable Development of Peoples and

Communities. These groups occupy and use traditional

territories and natural resources as a result of their

cultural, social, religious, and economic ancestry. For this

are used knowledge, innovations and practices generated and

transmitted by tradition.

The PNPCT aims to promote specific cited “sustainable

development " with an emphasis on recognition, strengthening

and ensuring its territorial, social , environmental ,

economic and cultural knowledge. It is structured as four

strategic areas: 1) Access to traditional lands and natural

resources 2) Infrastructure 3) social inclusion and 4)

development and sustainable production.

The National Commission for Sustainable Development of

Traditional Peoples and Communities was established by

Presidential Decree of July 13, 2006 and 6040 prepared in

Presidential Decree 2007 and it consists of 15 members of

organs and entities of the Federal Public Administration and

15 members of civil society representatives of the peoples

and traditional communities. Incumbent upon the National

Commission - CNPCT, coordinate the implementation of the

National Policy for the Sustainable Development of

Traditional Peoples and Communities.

Between peoples and traditional communities , there are the

indigenous peoples , the Maroons , the communities of the

yard, the extraction , the riverside , the mestizos, the

fishermen , the Pomeranians , the Pantanal , communities and

bottom closure pasture, babassu nut breakers, rubber,

faxinalenses, gypsies, geraiszeiros, vazanteiros,

piaçabeiros among others.

The Commission and the Inter-American Court of Human Rights,

regional bodies that Brazil submits, have manifested in

various opportunities that the recognition of people

culturally different to from the majority of the national

population requires the States to adopt special measures to

ensure the full exercise of their rights, as observed trial

court's case comunidad indigenous Saw hoyamaxa vs. Paraguay,

where de la comunidad Yakye Axa Vs. . Paraguay, and case

Suriname vs. Samaraka10.

According to the United Nations Program for Development

(UNDP), about five million Brazilians are part of

traditional communities, occupying 25 % of the national

territory. For the Public Defender of the Union "Brazil is

characterized by its cultural multiplicity, expressed by

some 522 ethnic groups with their own ways to lead your life

and to understand the world, that highlights the “national

society “. Thus, the so-called traditional communities

(corresponding to eight million Brazilians) are excluded

from the democratic process and public policy “11.

In this sense, Decree 6040/2007 defines traditional peoples

and communities as "culturally different groups and who

recognize themselves as such, they have their own forms of

social organization, which occupy and use territories and

natural resources as a condition for their cultural, social,

religious, ancestral and economic, using knowledge,

innovations and practices generated and transmitted by

tradition "12.

1

Boaventura de Sousa Santos. Reconhecer para libertar: os caminhosdo cosmopolitismo cultural. Rio de Janeiro: Civilização Brasileira, (2003), p. 93.

2 Antonio Carlos Wolkmer. Os movimentos sociais como fonte de

produção de novos direitos. In Revista da AATR, Salvador, ano III,

n. 03, dez. (2005), p. 1043 Octávio Ianni. Raças e classes sociais no Brasil. São Paulo:Brasiliense, (2004). p. 07.

4 Brazil. Decree of December 24, 2004, Decree 13 July 2006 and Decree 6040 of February 7, (2007).

5 Marina Osmarina Silva. Saindo da invisibilidade. A política nacional dos povos e comunidades tradicionais. Inclusão social, Brasília, v. 2, n. 2, abr./set. (2007), p. 07.

6 Brazil. Decree 6040 of February 2007, article 3, I.7 Julio Cesar de Sá da Rocha. e Diomar Santaa Filho. Justiçaambiental das águas e racismo ambiental. In justiça pelas águas:enfrentamento ao racismo ambiental. Série textos Água e Ambiente, 02.Salvador: SRH, (2008), p. 39.

8 P. POUTIGNAR &, J. STREIFF-FENART. Teorias da etnicidade. Seguidode Grupos étnicos e suas fronteiras de Fredrik Barth. Tradução de ElcioFernandes. São Paulo: UNESP, (1998), p. 180-90

9 P. POUTIGNAR &, J. STREIFF-FENART. Teorias da etnicidade. Seguidode Grupos étnicos e suas fronteiras de Fredrik Barth. Tradução de ElcioFernandes. São Paulo: UNESP, (1998), p. 191.

10 The Commission and the Inter-American Court of Human Rights: case

comunidad indigenous Saw hoyamaxa vs. Paraguay, where de la comunidad

Yakye Axa Vs. Paraguay, and case Suriname vs. Samaraka.

11 See http://www.dpu.gov.br.

As can be seen , the category includes indigenous and non-

indigenous , incorporating elements such as , " culturally

diverse groups " , " social organization " , " territory " ,

"natural " , " cultural reproduction , social , religious ,

ancestral and economic " "knowledge " , " innovation " , "

practical " and " tradition."

Therefore, the concept built by the decree under discussion

dialogues with the notions that have been built by

anthropological theory about ethnic groups. Indeed, the

category "traditional communities” incorporates the

diversity of ethnic groups and their established boundaries.

Thus, the achievements established by Decree 6040 of 07

February 2007 are the result of struggles for the

recognition waged by the communities themselves. After that,

the literature has treated the indigenous movement, the

maroons, communities with a different point of view.

4. ETHNIC RIGHTS: TRAINING IN THE LEGAL FIELD

The analysis of the legal field follows the theoretical

assumption of analysis of other fields to which Pierre

Bourdieu was dedicated in his investigations. It can be

argued that the social space is relatively independent of

the external inflows, defined and delimited by a set of

values, principles and rules. Thus the agents the monopoly

of symbolic power of your respective field compete for

1 2 Brazil. Decree 6040 of 07 February , (2007), art. 3, I.

symbolic power to impose their ideology and authority over

other social fields.

In turn, the legal field can be understood as a space whose

fundamental function is to tell the right of every

individual or collective effects of structures and social

relations in this field in the realization of social justice

and human rights.

In this respect, the design of Bourdieu , the legal field :

it is the place of competition for monopoly of the right to

say the right , I mean , good distribution ( prefectures )

or good order in which agents confront vested with

competence to both social and technical which essentially

consists in the ability to interpret recognized ( more or

less free or allowed ) a corpus of texts that enshrine the

vision legitimate , just, the social world 13.

The legal field is the place of competition for the monopoly

of the right to say the right. The force of law is perceived

as factors that determine the functioning of the legal

field: the relationship of specific forces, and orient its

structure, determine the struggles of competition and

internal logic of legal works which demarcate the space of

possibilities. With the emergence of a legal system and

multi-ethnic, the challenge is how their operators should

deal with the issue of traditional peoples and communities,

relations of specific strengths and struggles competition to

claim the rights of ethnic groups. Anyway, the Brazilian

experience and give Colombian experience shows this time of

13 Pierre Bourdieu . O poder simbólico.Rio de Janeiro: BertrandBrasil, (2007), p. 212.

formation of specific relations and recent dispute,

reproducing the symbolic struggle of the social world.

However, the legal field is a space refractory to the

profane – those who, even when thrown into the field, are

devoid of capital and “habitus " that give technical and

social competence to influence the game , remains at the

mercy of the dynamics and plays that take place between

members of the field. Should inquire as peoples and

traditional communities alter the present balance of forces.

Moreover , the reality embedded in a context of legal

pluralism must determine peoples and traditional communities

continuing challenges of crossing boundaries between

different entities, with recognition of normative production

arising from within their ethnic boundaries Another

possibility is the formation of professionals in the legal

field own ethnic communities or acting in the field in

dispute.

5. LEGISLATIVE INITIATIVES: PROPOSED CONSTITUTIONAL

AMENDMENT AND VIOLATION OF THE PRINCIPLE OF PROHIBITION OF

ENVIRONMENTAL RETROGRESSION

Proposed constitutional amendment “215” wants to transfer

from the federal government to Congress the prerogative of

official indigenous lands , protected areas and maroon

territories. If approved , it will mean the definitive

shutdown of formalization of these areas14. 1 4 Brazil. National Congress. Proposed constitutional amendment 215.

In a letter to the national and international public opinion

, the leaders of indigenous peoples and organizations from

all regions of Brazil expressed rejection of the process of

suppression of fundamental indigenous rights , collective

and originating , which has been perpetrated by different

institutions of the Brazilian state, especially by Congress.

In December, 2014, Congress finalized the votes of the

legislative year , without the proposal has been voted by

the special commission that analyzed. Thus, it was filed in

an important victory for environmentalists , indigenous

peoples, traditional populations , democracy and human

rights.

However, the President of Congress confirmed in February,

2015, that the Proposed Constitutional Amendment n. 215 will

be back to the Congress. The project transfers from the

federal government to Congress the last word on the

formalization of Indigenous Lands (AIs), Protected Areas and

Maroons Territories. In sum, this situation could configure

violation of the principle of prohibition of environmental

retrogression.

(Indigenous protest in Congress, figure 01)

6. PERFORMANCE OF THE FEDERAL PUBLIC PROSECUTORS (MPF) IN

THE DEFENSE OF COMMUNITIES AND SUSTAINABILITY

The Federal Public Proseutor (MPF) has key role in the

defense of diffuse and collective interests , including

expansion of its functions by the Federal Constitution

(article 127 and 129)15. In addition to the Indigenous, the

Federal Public Prosecutors also work to ensure the rights of

the Maroons , extractive and riverside communities and other

minorities.

MPF tries to ensure the demarcation , titling and ownership

of the lands traditionally occupied by them. Also, want to

ensure the health, education, civil registration,

sustainability and cultural preservation of these

communities. The institution is guided by anthropological

studies , dealing with customs, traditions and needs of

these people, and the constitutional rule of the plurality

of ethnic groups and cultures in Brazil.

The MPF has a very large role in the protection of

traditional community. This work takes place with: a) Public

1 5 Brazil. Federal Constitution, article 127 and 129.

Civil Action – Action to protect collective interests and to

hold those who commit damage to public property ; b) Term

Adjustment of Conduct – extrajudicial instrument by which

the parties undertake , before the prosecutors, to fulfill

certain conditions in order to solve the problem that are

causing or compensate already caused damages ; c) and

Recommendation - Document submitted to public bodies to meet

certain constitutional or legal provisions. It is a form of

extrajudicial MP performance. In the case of the Indians ,

recommendations are made to government agencies such as

FUNAI ( National Foundation of Indians ) , FUNASA ( National

Health Foundation ) and INCRA ( National Institute for

Colonization and Agrarian Reform).

As example, a case of MPF activity was the conflict of the

hydroelectric Belo Monte (Pará). The Federal Public

Prosecutor filed in the Altamira 22a lawsuit against Belo

Monte, in December, 2014, the breach of conditions that

would prevent and offset the plant's impacts to the nine

affected ethnic groups. The Belo Monte Dam project was first

proposed to be built over the Xingu River in the late

1970's, but the project was immediately shelved as it came

under major criticism from environmentalists. Twenty years

later, the Brazilian government decided to revisit the

project again. In early 2011 the project was given the green

signal to go ahead with ecological damages and social

impacts in indigenous peoples.

Indigenous people in Belo Monte (figure 02)

Indigenous people in Brasilia (figure 03)

7. "STATE OF EXCEPTION" AND GUARANTEE LAW AND ORDER

Important address the recent measures adopted by the

Brazilian government to ensure law and order (GLO) and

featuring State of Exception that tends to be the rule in

today's societies. Not exceptional, but the operating model

that is generalizing and mixing the rule of law.

In this perspective, Giorgio Agamben analyzes the State of

Exception as a paradigm of government that affects the way

the law regulates the use of force16. Given these current

issues in Brazil, Agamben approach points reflection with

respect to the State, political and legal, focusing on

structures that legitimize violence and the will and

determine that suspension of the rights guaranteed in the

Constitution in the name of an alleged National Security.

In fact, such positions are at the service of the

concentration of power and a logic of domination. Current

measures adopted in the "Guarantee Law and Order" for

determination of the Presidency sharpen the right to punish

on vulnerable as traditional peoples and excluded urban

communities. Such determinations constitute restriction of

rights, as currently occurs in Tupinambas land in southern

Bahia.

The current rules - Supplementary Law 97 of June 9, 199917

(Wording provided by Complementary Law No. 136 of 2010),

Warranty Guide Law and Order, decrees and - determine the

use of the armed forces to " siege of companies ", suppress

16 Giorgio Agamben. Estado de exceção. Rio de Janeiro: Boitempo, (2004).

1 7 Brazil. Supplementary Law 97 of June 9, 1999.

and restrict free movement of persons, creating a climate of

fear and beyond the" argumentative discourse of threat of

force "as indicated by Boaventura de Sousa Santos. Ongoing

actions reveal Democratic State's inability to deal with its

own democracy and conflict mediation of conflicting

interests in full constitutional validity and prevalence of

contemporary human rights.

Anyway, what is placed is the use of repression and use of

force rather than to assert rights of the original peoples

supported the Federal Constitution and international

documents that Brazil has been forced. I do not think the

actions taken constitute a response to specific threats that

violate the law legitimately under Article 142 of the

Brazilian Constitution. It's another Exception State chapter

that brings Giorgio Agamben in their relevant reflections.

8. THE SITUATION OF INDIGENOUS PEOPLES AND MAROONS

(QUILOMBOS)

It is estimated that more than five million Indians in the

arrival of Europeans in 1500, currently there are 900

thousand.

For studying the theme of indigenous, indigenous peoples are

facing a siege and repression never seen before, in full

century XXI where punctuates the rights of traditional

peoples.

For other side, there are almost one million of maroons

(quilombolas) since century XVII. Maroons are descendants of

enslaved Africans who maintain cultural traditions ,

livelihood and religious over the centuries.

There maroon communities in at least 24 states in Brazil

with 3,524 of these mapped communities : Amazonas, Alagoas ,

Amapá, Bahia , Ceara , Espirito Santo, Goias , Maranhao,

Mato Grosso , Mato Grosso do Sul , Minas Gerais, Pará ,

Paraíba, Pernambuco, Paraná , Piauí , Rio de Janeiro , Rio

Grande do Norte, Rio Grande do Sul , Rondonia, Santa

Catarina , Sao Paulo, Sergipe and Tocantins.

Make happen in the constitutional provision of 1988 born

political participation with different social communities.

The 1988 Constitution opened the democratic dialogue with

traditional communities through setup legal pluralism and

democratic recognition of their rights. So, effectively, a

model based on “Plural State and Multi-Ethnic”, which is a

result of the historical process of realization of the

rights of these communities.

Indeed, international documents addressing the rights of

indigenous, maroons and other communities , such as the

Convention on the Prevention and Punishment of the Crime of

Genocide (1948 ) , the International Convention on the

Elimination of All Forms of Racial Discrimination (1965 ) ,

the Convention 169 ILO tribal peoples (1989 ) , the

Declaration on the Rights of Indigenous Peoples (2007 ) and

the American Declaration on the Rights of Indigenous Peoples

(1997 ).

For example, on the ILO Convention 169 has discussed the

subject of law that applies in Brazil18. Thus, in principle,

its scope is set to the indigenous peoples and quilombos,

both recognized as ethnic minorities of the Brazilian State

in the same 1988 Constitution, being the main subject of law

to which the state recognizes the application of the

Convention.

On indigenous peoples expressed the Constitution,

article.231 “Indians are acknowledged to their social

organization, customs, languages, beliefs and traditions,

and the rights to the lands they traditionally occupy,

incumbent upon the Union to demarcate them, protect and

respect for all their goods. [ ... ] . “This device meant

winning the struggle of indigenous peoples.

For the other side, the article 68 of the Acts of the

Transitory Constitutional Provisions of the 1988

Constitution (ADCT) has established that:

"Art. 68. To the remaining of quilombo communities who areoccupying their lands are recognized definitive ownership, withthe state shall grant them their titles.19"

The constitutional provision did not simply order the State

to adopt the measures necessary for the transfer of

ownership to communities: it was far beyond, to recognize

(not provided) directly to the remnants of the quilombos the

18 International Labor Organization (ILO) Convention 169.

19 Brazil. Acts of the Transitory Constitutional Provisions of the

1988 Constitution (ADCT)

ownership of the domain on lands traditionally occupied. In

this sense, the act of the Government recognizes that a

community like Quilombo remaining and gives the title to the

occupied lands boasts declaratory and not constitutive

nature.

Thus, it is possible to state that the ownership of Quilombo

pre-exists the official acts that are committed only to

provide the necessary legal certainty to maroon. On the

other hand, on the principles of effectiveness of the

Constitution and immediate applicability of fundamental

rights (art. 5, § 1 of the CF / 88 [6]), must prevail the

understanding that Article 68 ADCT is self-administered,

regulatory dispensing in law to provoke its effects. And so

is the view of its importance to more vulnerable groups such

as quilombo populations.

Otherwise have been elaborated projects and programs, as

well as governments have institutionalized administrative

structures of the State, such as the Ministries, Departments

and collegiate bodies such as the National Commission for

Sustainable Development of Traditional Peoples and

Communities (Decree of 24 December 2004 Decree 13 July 2006

and Decree 6040 of February 7, 2007), with the participation

of indigenous peoples and maroons (quilombolas)

representation.

Therefore, the structuring of the national policy of

traditional communities, a diversity of ethnic and racial

groups out of clear institutional invisibility. Such

invisibility is reflected “the absence of instances of the

government responsible for the coordination and

implementation of policies for these peoples and

communities”20. In turn, this standard establishes a

normative conceptualization of these actors as culturally

diverse groups.

CONCLUSIONS

In sum, traditional peoples and communities in Brazil are at

a crossroads. On the one hand, it came out of rights with

the Federal Constitution of 1988 and Decree 6040/2007. On

the other hand, they are being threatened by economic

pressure and state initiative, as Warranty Guide Law and Order,

decrees and - which determine the use of the armed forces to " siege

of companies ", suppress and restrict free movement of persons,

creating a climate of fear.

The Federal Public Proseutor (MPF) has key role in the

defense of diffuse and collective interests , including

expansion of its functions by the Federal Constitution, as

example, the case of Belo Monte.

There is a criminalization in Brazil against leaders of

indigenous people and maroons and an "State of Exception"

with the so-called Guarantee Law and Order. For example,

tupinambas, located in South of State of Bahia, are

20 Marina Silva. Saindo da invisibilidade. A política nacional dospovos e comunidades tradicionais. Inclusão social, Brasília, v. 2, n. 2,abr./set., (2007).

surrounded and limited in their right to come and go because

they defend their territory

In final point, Brazil has to respect human rights,

environmental regulations and ethnic minorities. Besides, it

cannot violate principles, regulations and conventions under

justification to compete with other fast-growing emerging

economies: this is the dilemma at this moment.