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Brazil

Monthly Event Reports

December 2023 | Law that enshrines the restrictive “marco temporal” thesis is approved

Congress approved legislation that enshrines the “marco temporal” thesis, a controversial doctrine that restricts the claims that Indigenous Peoples can make to their lands, if these were not physically occupied by them in 1988. In doing so, it overrode a presidential veto by a wide majority. In September, Brazil’s Supreme Court had sided with the Indigenous Xokleng community in a case brought by Santa Catarina state, determining that the “marco temporal” thesis had no basis in the constitution. Activists worry that the entry into force of the law will make Indigenous territories susceptible to extractive activities and infrastructure works that will imperil the sustainability of their resources. They have further announced their intention to challenge the constitutionality of the law before the Supreme Court, expressing hope that the high court will maintain its previous precedent.

November 2023 | A deterioration in security leads the government to militarize ports and airports

A significant increase in violence from organized crime, particularly that related to drug-trafficking and contraband, has led President Luiz Inacio Lula Da Silva to issue a decree through which thousands of military personnel will be deployed to ports and airports in Rio de Janeiro and São Paulo. Lula has stated these measures are temporary and will last through May; members of the military will coordinate with federal police. In the past weeks, violence in Rio has reached extraordinary levels, including 35 buses being set on fire by criminal groups, in retaliation for the killing of a crime boss by police. Although the current measure does not foresee military deployment to favelas, as Lula has stated he does not want the armed forces to patrol there, analysts have stressed that violence is increasing, with reports of training of gang members and paramilitaries taking place within these enclaves.

October 2023 | Congressional inquiry recommends that Bolsonaro face criminal charges

Former President Jair Bolsonaro and allies, including former cabinet members, were accused by a legislative committee of participating in crimes related to the 8 January 2023 riots.  This congressional committee issued its report on 18 October, after nearly five months of public hearings and testimony. The report characterised the 8 January events as a premeditated coup attempt and recommended that the Attorney General charge Bolsonaro with the crimes of political violence, criminal association, abolition of the rule of law, and an attempted coup. The Congressional committee cannot itself charge the former President.  A separate federal investigation into Bolsonaro’s role in the 8 January events is currently underway.

September 2023 | Supreme Court ruling protects Indigenous rights

The Supreme Court sided with the Xokleng people in a case considered a landmark for Indigenous peoples’ rights. The case stemmed from Santa Catarina state’s challenge to the land claims of the Xokleng people which, it argued, were not valid on the basis of the “marco temporal” doctrine. Such a thesis, supported by the agribusiness sector and the rural caucus in Congress, considered that Indigenous peoples could not make a land claim if they did not physically occupy it in 1988, when Brazil’s constitution was adopted. Those opposing the cutoff date considered it arbitrary and neglectful of the fact that many Indigenous communities had been expelled from their territories before that date, particularly during the military dictatorship. The Court’s ruling reversed a prior decision by a lower court to strip the land in dispute of its title as an Indigenous territory. The decision will set a precedent for other cases involving land claims of Indigenous peoples, particularly those involving arguments surrounding the “marco temporal” thesis. 

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GSoD Indices Data 2013-2022

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Basic Information

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Population Tooltip
214 326 223
System of government
Presidential system
Head of government
President Luiz Inácio Lula da Silva (since 2023)
Head of government party
Workers' Party (PT)
Electoral system for lower or single chamber
List Proportional Representation
Women in lower or single chamber
17.5%
Women in upper chamber
18.5%
Last legislative election
2022
Effective number of political parties Tooltip
12.34
Head of state
President Luiz Inácio Lula da Silva
Selection process for head of state
Direct election (two-round majority)
Latest Universal Periodic Review (UPR) date
05/05/2017
Latest Universal Periodic Review (UPR) percentage of recommendations supported
98.37%
Population Tooltip
214 326 223
System of government
Presidential system
Head of government
President Luiz Inácio Lula da Silva (since 2023)
Head of government party
Workers' Party (PT)
Electoral system for lower or single chamber
List Proportional Representation
Women in lower or single chamber
17.5%
Women in upper chamber
18.5%
Last legislative election
2022
Effective number of political parties Tooltip
12.34
Head of state
President Luiz Inácio Lula da Silva
Selection process for head of state
Direct election (two-round majority)
Latest Universal Periodic Review (UPR) date
05/05/2017
Latest Universal Periodic Review (UPR) percentage of recommendations supported
98.37%
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Human Rights Treaties

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State Party State party
Signatory Signatory
No Action No action
United Nations Human Right Treaties
International Covenant on Civil and Political Rights
State Party
International Covenant on Economic, Social and Cultural Rights
State Party
International Convention on the Elimination of All Forms of Racial Discrimination
State Party
Convention on the Elimination of Discrimination Against Women
State Party
Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment
State Party
Convention on the Rights of the Child
State Party
International Convention on Protection of the Rights of All Migrant Workers and Members of Their Families
No Action
International Convention for the Protection of All Persons from Enforced Disappearance 
State Party
International Convention on the Rights of Persons with Disabilities
State Party
International Labour Organisation Treaties
Forced Labour Convention
State Party
Freedom of Association and Protection of the Right to Organise Convention
No Action
Right to Organise and Collective Bargaining Convention
State Party
Equal Remuneration Convention
State Party
Abolition of Forced Labour Convention
State Party
Discrimination (Employment and Occupation) Convention
State Party
Convention concerning Minimum Age for Admission to Employment
State Party
Worst Forms of Child Labour Convention
State Party
Regional Treaties
American Convention on Human Rights
State Party
Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights
State Party
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Performance by category over the last 6 months

Representation neutral Representation
Sep 2023
Oct
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Jan
Feb 2024
Representation neutral Rights
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Feb 2024
Representation neutral Rule of law
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Oct
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Dec
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Feb 2024
Representation neutral Participation
Sep 2023
Oct
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Feb 2024

Global State of Democracy Indices

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Representation
Representation
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rights
Rights
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Rule of Law
Rule of Law
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/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Participation
Participation
0
/1
high 0.7-1.0
mid 0.4-0.7
low 0.0-0.4
Annual value

Factors of Democratic Performance Over Time

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