Decree 1775
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Decree 1775 was signed into
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
ian law by President
Fernando Henrique Cardoso Fernando Henrique Cardoso (; born 18 June 1931), also known by his initials FHC (), is a Brazilian sociologist, professor and politician who served as the 34th president of Brazil from 1 January 1995 to 31 December 2002. He was the first Brazi ...
on January 8, 1996. The decree changed the steps
FUNAI is a Japanese consumer electronics company headquartered in Daitō, Osaka. Apart from producing its own branded electronic products, it is also an OEM providing assembled televisions and video players/recorders to major corporations such as S ...
was required to follow to demarcate indigenous lands, effectively making the process more complicated and allowing for more interference from commercial interests. Individuals or companies were allowed from the beginning of the demarcation process until 90 days after FUNAI issued their report to submit an appeal showing that the contested lands do not meet the qualifications of indigenous lands as stated in the constitution. The decree also placed the final decision in the hands of the
Minister of Justice A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...
, which left the fate of indigenous lands vulnerable to various political ideologies. The government claimed that allowing people to contest indigenous lands during the demarcation process would prevent any future challenges of completed lands on the basis of unconstitutionality. The decree was widely contested as a violation of indigenous rights, earning the nickname of the "Genocide Decree," due to the power it gave to commercial interests to exploit Indian lands. By April 1996, FUNAI had received over 500 appeals for over 40 indigenous territories that were in the process of being demarcated. FUNAI followed procedure and submitted its official opinion to the Ministry of Justice, rejecting the appeals that were brought against the indigenous lands. Justice
Nelson Jobim Nelson Azevedo Jobim (born in Santa Maria, RS, 12 April 1946) is a Brazilian jurist, politician and businessman. He held the positions as congressman, Minister of Justice, Minister of Defense, Minister of the Supreme Federal Court (STF), where ...
sided with FUNAI on all except eight territories, ordering further investigation.


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Decree 1775
Indigenous rights Brazilian legislation 1996 in Brazil
1775 Events Summary The American Revolutionary War began this year, with the first military engagement being the April 19 Battles of Lexington and Concord on the day after Paul Revere's now-legendary ride. The Second Continental Congress t ...
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