PEC 215 is a proposed

constitutional amendment A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...

to the

constitution of Brazil The Constitution of the Federative Republic of Brazil ( pt, Constituição da República Federativa do Brasil) is the supreme law of Brazil. It is the foundation and source of the legal authority underlying the existence of Brazil and the feder ...

. It intends to delegate exclusively to Congress the duty of demarcation of

indigenous Indigenous may refer to: *Indigenous peoples *Indigenous (ecology), presence in a region as the result of only natural processes, with no human intervention *Indigenous (band), an American blues-rock band *Indigenous (horse), a Hong Kong racehorse ...

and

Quilombola A ''quilombola'' () is an Afro-Brazilian resident of ''quilombo'' settlements first established by escaped slaves in Brazil. They are the descendants of Slavery in Brazil, Afro-Brazilian slaves who escaped from slave plantations that existed in ...

territories, as well as the ratification of land already approved. It would prohibit the expansion of already existing indigenous areas. One of the proposal sections provides compensation of the Union to farmers who have properties absorbed by areas demarcated as indigenous land. The Federal Constitution considers that indigenous lands belong to the Union and, therefore, there is no compensation to those who lose the ownership of the territory when the demarcation is recognized. Currently, the government and Funai are responsible for demarcation. In the future, indigenous people might only be able to claim an area, they have lived in and used by 1988. It would give Congress the final say on new demarcations, a fact that displeases the indigenous leaders because of the strength of lobbyists. Much of the protected area of indigenous territories are

rain forest Rainforests are characterized by a closed and continuous tree canopy, moisture-dependent vegetation, the presence of epiphytes and lianas and the absence of wildfire. Rainforest can be classified as tropical rainforest or temperate rainforest ...

s being important for

water Water (chemical formula ) is an inorganic, transparent, tasteless, odorless, and nearly colorless chemical substance, which is the main constituent of Earth's hydrosphere and the fluids of all known living organisms (in which it acts as a ...

and

climate Climate is the long-term weather pattern in an area, typically averaged over 30 years. More rigorously, it is the mean and variability of meteorological variables over a time spanning from months to millions of years. Some of the meteorologic ...

. There are farmers, who have filed an appeal. PEC 215 has been approved by a parliamentary committee. The proposal is being processed for 15 years in parliament. Members of the

Chamber of Deputies The chamber of deputies is the lower house in many bicameral legislatures and the sole house in some unicameral legislatures. Description Historically, French Chamber of Deputies was the lower house of the French Parliament during the Bourbon R ...

of PT,

PCdoB The Communist Party of Brazil ( pt-BR, Partido Comunista do Brasil, PCdoB) is a List of political parties in Brazil, political party in Brazil. The PCdoB officially adheres to Marxist–Leninist theory. It has national reach and deep penetrat ...

, PV,

PSOL The Socialism and Liberty Party ( pt-BR, Partido Socialismo e Liberdade , PSOL ) is a left-wing political party in Brazil. The party describes itself as socialist and democratic. The party leader is Juliano Medeiros and the federal deputies I ...

and REDE were against the bill. Approval of the bill depends on two rounds of voting in the plenary sessions of the Chamber of Deputies and the

Federal Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. Senate or the Senate may also refer to: * Any one of the national senates in the world, including ** The Brazilian Senate ** The United States Sen ...

, with qualified quorum, that is, with the votes of at least 308 deputies and 49 senators. Parliamentarians opposed to the bill have said they will question its constitutionality in the Supreme Court. The bill needs three fifths of the votes in senate to be approved. Great land owners have a great impact in congress. Protests by indigenous people prevented a vote on PEC 215 in 2014. Indigenous people have protested against the bill in front of the Chamber of Deputies.

References

{{Reflist Environmental law in Brazil Proposed laws Constitutional amendments Brazilian constitutional law 2015 in politics 2015 in Brazil