Address by M. Marcio Augusto Freitas de Meira
President of the National Foundation of Indians (FUNAI) – Brazil
2nd session of the Forum on Minority Issues
Item V
[Madame Expert]
[Mister President]
[Ladies and Gentleman]
The indigenous policy in Brazil is integrated in our commitment to fully guarantee the
realization of human rights of the most diverse groups of the Brazilian population,
which is marked by its ethnic and cultural diversity. This policy is based on the
concepts of identity and ethnicity, beyond the numerical composition in a pluricultural
population.
The indigenous population of Brazil is estimated between 500.00 and 720.000 people
that make up around 220 indigenous groups, in a total population of 195 million
inhabitants.
Indigenous peoples live in 653 officially recognized lands, adding up to about 107
million hectares, which represent 12,57% of the national territory. In addition to this
spatial distribution, characterized by isolation and dispersal, the linguistic situation
presents an enormous diversity, with a total of 180 identified languages.
There are also references concerning 68 indigenous peoples that are still isolated.
There are several other groups that claim to be indigenous and demand the
recognition of their status by the federal indigenous body, the National Foundation of
the Indian (FUNAI). This also includes persons living in urban zones.
Historically, indigenous peoples were considered incapable to decide about their lives,
their culture seen as outdated, and thus they should be progressively and
harmoniously assimilated by the national society.
The Brazilian judicial and institutional structure has followed the logic of this alleged
incapacity (??). In 1910 the Service for the Protection of Indians (SPI) was created, with
the mission of protecting the rights of indigenous peoples. In 1967 the National
Foundation of the Indian (FUNAI) was created, which replaced the SPI.
The Brazilian Civil Code of 1916 explicitly included indigenous people in the category
of “relatively incapable”, assimilating them with minors. Based on this “incapacity”,
guardianship was instituted. Through this mechanism, it was incumbent on the State to
protect the rights of indigenous peoples, to manage their heritage, and to help them in
the process of integration in the national society.
The rules related to guardianship were in force until 1988, when the new Brazilian
Federal Constitution was promulgated, which established the protection of cultural
identity and the own way of life of indigenous people. In addition, the constitutional