The Indigenous Movement, during the National Constituent Assembly

Summary- This article aims to identify the importance of the Indigenous Movement in Brazil, during the re-democratization of Brazil and during the process that originated the 1988 Constitution. It is the end of the indigenous assimilationism, from the formal point of view. Social movements linked to liberation theology influenced the political articulation necessary to defend the indigenous cause.

Introduction his article is divided into seven topics. First, the Brazilian historical and political context of the 1988 Constitution and the National Constituent Assembly itself will be demonstrated. The National Constituent Assembly (1987)(1988)) was a unique moment in the country's recent history. The convening of an Assembly, responsible for a new constitutional text, proved to be indisputably fundamental for the construction of more democratic values, after 21 years of dictatorship 1 The country was emerging from twenty-one years of a regime without elections. The last military government, presided over by General João Batista Figueiredo, faced chronic problems such as high public indebtedness, foreign debt, economic recession, the lack of political support abroad, also caused by complaints of violations of Human Rights, and it marked the end of the Brazilian military dictatorship, as will be seen in a separated topic . 2 José Sarney then became president of the republic on March 15, 1985. Elected indirectly, via the electoral college, Sarney was deputy on the ticket with Tancredo Neves, who ended up dying suddenly of acute diverticulitis. Something, to say the least, unusual and that changed the contours of recent Brazilian history true funeral tribute to the one who would be the first civilian president of the 1980s, even if indirectly elected by the National Congress 4 In this article, the end of indigenous acculturation as a State policy will be highlighted. The end of indigenous assimilationism is undoubtedly a historical novelty for Brazil. A recent novelty that still faces contemporary resistance . The wake broadcast live on national television and ended up immortalizing the tears of part of the population. Had the hope of better and more civilized days been buried again? Would Sarney be able to continue the process of re-democratization in Brazil?
Would General João Baptista Figueiredo continue the discussions of a new Constitution? It is a question of what would have happened to Brazil or to Brazilian democracy if Tancredo had survived his health problems. An interesting reflection, but impassive of concrete answers.
Returning to the point of this research itself, a question must be asked here: did the assumption of José Sarney (the one who was, beyond president, poet and author of the book Marimbondos de Fogo) prevented the process of re-democratization of the country? In what way and why is the Brazilian Constitution so important for Brazilian indigenous policy? In other words: why would it be correct to say that the National Constituent Assembly was a milestone for Brazilian democracy? What is the importance of this legal framework for Brazilian indigenous policy? 5 The movement for indigenous acculturation and incorporation into "national culture" is still present and persistent. Throughout this work, it will be identified, in some way, that, although there has been legislative progress for the indigenous cause, the authoritarianism of Brazilian indigenous policy remains a current reality . Then, the role of some political leaders more committed to the end of the assimilationism of indigenous people will be demonstrated. It will be presented as a proof that the academics working groups and other (religious) leaders were important for the end of assimilationism as an indigenous policy; among them, the importance of Manuela Carneiro da Cunha, then president of the Brazilian Association of Anthropology between 1986-1988. Manuela is the author of the book Os direitos do índio: ensaios e documentos.
Luciano Mendes de Almeida also deserves mention, as will be explained in the topic. The then president of the CNBB was very close to liberation theology. Marxist-inspired movement heavily persecuted by the military regime  and also during the National Constituent Assembly by the now extinct National Security Council.
Some parliamentarians would be in the subcommittee of Blacks, Indigenous Populations, Disabled and Minorities. Among them, the Indigenous Missionary Council, linked to the CNBB. This reflection will be further developed throughout this work. Somehow, it will be better evidenced that some actors were fundamental for the end of indigenous acculturation.
The Constitution of the Federativee Republic of Brazil of 1988 reserved to the indigenous, for the first time in the history of Brazil, an entire chapter. Specifically, Chapter VIII, "Of the Indians", and more precisely Article 231. The article says that: "Indians are recognized for their social organization, customs, languages, beliefs and traditions, and the original rights over the lands they traditionally occupy, it is incumbent upon the Union to demarcate them, protect and ensure respect for all their assets"; in addition to determining that "The Indians, their communities and organizations However, it has become a fairly recent reality. Brazilian legislation, throughout history, has always considered indigenous as a national obstacle.
The (pejorative) term forestry that had been used in the other constitutions was extinct. There is, therefore, a break with the past policy promoted by the state, "that of integrating them into the national community". This was the reality of all past legislation.

The 1988 Constitution and the Constituent
Assembly It can be said that the Indigenous Movement had a fundamental prominence for the constituent deputies, in some way, to listen to the demands of these peoples. And, despite resistance and opposition (the deputies most aligned with the concerns of the National Security Council, the large and large mining companies), they managed to typify an article 231 coherent with the indigenous cause.
Specifically, there was an intense and effective political articulation on the part of the Catholic Church, more committed to the indigenous cause.

The role of CIMI
The Catholic Church was undoubtedly important for the ongoing process of political articulation trying to guarantee the end of indigenous assimilationism in the new constitutional text.

a) The theology of liberation
From the perspective of Liberation Theologywhose practice calls Christians to "a concrete, immediate, historical task in this world: to fight for a more just society" and to carry out a "historical transformation of society 9 " -a missionary and liberating Church emerged.; this was the new motto of what became an important instrument of civil society in the struggle for the oppressed and, in particular, for the rights of indigenous people 10

b) The role of the Pastoral Land Commission (CPT)
. Under the leadership of indigenous and nonindigenous organizations, religious, anthropological and trade union institutions elaborated five points to be debated in the National Constituent Assembly. Five major themes related to the defense of the indigenous cause. This content was called "minimum program". The complexity of this content was widely debated by the constituents most sensitive to the indigenous cause.
The five points were: Regarding the third point of the aforementioned minimum program, it is worth noting that the PMDB (Party to the Brazilian Democratic Movement) had already approved "a decision at its first national congress, in August 1986, according to which (...) indigenous areas, should be exclusively for the indigenous peoples residing there and not only the use and exploitation of arable land (soil)", but also its subsoil. 14 It is a movement that had as priority: a) to guarantee the possibility of "exploitation of the raw materials existing in indigenous areas" and b) to demonstrate that the mere existence of these indigenous areas would already represent "a threat to national security and the development of Brazil" The importance of these Organizations and Associations related to the indigenous issue, during the Constituent Assembly, evidence a fundamental counterpoint to the intense and very organized lobbying. 15 . These were the main grounds for the claim that the mere existence of Indigenous Territories would represent an obstacle to the settlement and, therefore, to the development of Brazil. 16 The immense economic interest in mining in a large part of the indigenous areas ended up intensifying, even more, the discussion about the viability and access to raw materials from these places. 17 The intense assimilationist lobby was duly represented by the then President of the Republic José Sarney, by mining companies, by the National Security Council and by FUNAI itself (as a State body). One of the most emblematic and controversial points of the Constituent Assembly itself (in general

c) Influential leaders in favor of the indigenous cause
The participation of indigenous leaders from all over Brazil, during the aforementioned discussions that took place in the Commissions and Subcommittees, guaranteed the representation and legitimacy necessary for the debates. Among the existing leaders, the participation of the Caiapó, the Kaingang, the Krenak Indigenous and the chief Xavante Mario Juruna should be highlighted. The aforementioned Cacique Xavante and former federal deputy proved to be extremely skilled politically. Although he had already stopped being a member of the parliament during the constituent assembly, he knew very well how to move around the offices of Brasília 20 . Always carrying a portable recorder and thus recording "everything the white man says". 21 Two sides in completely opposite directions. Sabóia, defending the existence of an indigenous "comprehensive project" "White men" such as federal deputy José Carlos Saboia (PMDB), representing the indigenous cause, and Senator Odacir Soares (PFL), representing the mining lobby, however, prove the constant contradiction of parliamentary interests during the Constituent Assembly, as already stressed. 22 , which would include the understanding that "the exploitation of subsoil riches should be reserved exclusively for the indigenous populations of the respective territories" 23 In other words, the attempt of economic lobby to influence the exploitation of indigenous raw materials, even though it "exceeded the scope of what is legally permitted" The final text, approved in plenary on September 2, 1988, ended up reflecting a set of contradictions. Contradictions instrumentalized by the existence of semantically dubious constitutional articles. However, the consecration of Indigenous rights and the Indian as subjects of Law, in fact, became an undeniable reality, thanks to the mobilization of Social Movements, the Pastoral Land Commission and other relevant organizations.

d) The leadership of Luciano Mendes de Almeida
, influencing the constitutional text, was not enough for the Right to Land and the cultural preservation of the origins peoples constituted as a guarantee and duty of the State in the Constitution. ) part of an action contrary to Brazilian interests, at the time when it defended the prohibition of the exploitation of mineral wealth existing in the lands of indigenous communities. Due to these events, Dom Luciano Mendes de Almeida proposed the installation of a parliamentary commission of inquiry (CPI) to investigate the reasons that led to the publication of the article. Refuting the accusations that the CNBB defended the thesis of "restricted sovereignty" over indigenous lands, Dom Luciano stated that he was in favor of the Union's monopoly over these regions, which in his opinion should only be exploited by the State, at the time required by national interests, without the interference of economic groups that were pressing for their immediate release. 26 4. Official visit of the CNBB to the USSR and the "CIMI case" report In other words, the CIMI would be part of "an international movement against the sovereignty of the Brazilian nation. The referred council defended the prohibition of exploitation of mineral wealth existing in the lands of indigenous communities".
The news report attributed the existence of a document. In this document, CIMI would defend the recognition of a "multiethnic State", whose sovereignty would be formed not only by the "majority society", but also by the various indigenous communities existing within it".
In response to the alleged document and the published report, Dom Luciano declares that the aforementioned content would be a fraud. What would be behind these allegations would be the interest of large mining industries in exploring large areas in Indigenous Territories.
Dom Luciano's visit to the USSR in September 1987 would not have been well interpreted by the still influential National Security Council. Returning to Brazil, the praise of the Soviet socialist system by the then president of the CNBB would have been decisive for a new counterattack by the National Security Council.
New documents appeared in news reports by Folha de São Paulo. A Parliamentary Commission of Inquiry (CPI) is installed in the Chamber of Deputies. "The report accused the progressive clergy of encouraging the use of violence in the fight for the claims they defended and affirmed that the CNBB entities were putting national sovereignty in check".
Undoubtedly, the CNBB entities covered movements of CIMI concerned with guaranteeing indigenous cultural preservation. CIMI, too, was concerned with these issues, almost an extra-state indigenist agency.
5. "For a new constitutional order" and the Constituent breakfast Despite the resistance of the Vatican to the pastoral actions promoted by the CNBB (until then too progressive), the guidelines for these pastoral actions were well defined.
The CNBB, and consequently the CIMI were willing to defend the indigenous cause and fight the human rights violations that had taken place in the years prior to the country's re-democratization. And, fundamentally, willing to actively participate in the National Constituent Assembly.
The National Constituent Assembly was the epicenter of heated and important discussions related to the indigenous cause. The CNBB, like so many other organizations and institutions, has developed many policy demands. Among the many questions and demands, the importance of the document "for a new constitutional order" must be highlighted.
In this document, the need to "create instruments that allow popular participation, guaranteeing legitimacy to the legal system that would be delivered to the nation" became evident.
Under the coordination of Cândido Padim, appointed by the CNBB to monitor the progress of the constituent works, a radio program called "Constituent Breakfast" was produced. This program aims to expand the discussion about the Constituent Assembly and to guarantee popular participation in the matter.
It was a daily talk show with a constituent parliamentarian. The Bishop of Bauru de São Paulo led the program with 15-minute interviews that were then broadcast on the Medianeira radio. Among the themes, there were family, abortion, education, religious freedom, agrarian reform and indigenous issues.
According to Mônica Kornis and Sérgio Montalvão, authors of the entry on the CNBB, the interviews were sent via telex text to other parts of the country, reaching the mark of three hundred transmissions per day. Another publicity vehicle used by the CNBB was the inserts of its Boletim de Notícias ("newsletter") with 5,500 subscribers.
This strategy was fundamental, as it ended up catalyzing popular participation for popular amendments.
The aforementioned popular amendments played a decisive role in guaranteeing the right to land and its preservation as a social organization for the Indian. A victory for social movements during the Constituent process. 27 6. Indigenous Missionary Council (CIMI): origin and a new paradigm CIMI emerged as a body linked to the National Conference of Bishops of Brazil (CNBB) in 1972, with the aim of building a differentiated relationship with indigenous populations.
The image of a Church that restricts freedom, ethnocentric and domineering -as the Barbados Declaration of 1971 pointed out -was overcome by a "new missionary presence among indigenous peoples" (Suess, 2002, p. 16). The challenges of the new evangelization were many, such as dealing with a missionary past full of discomforts and conquering a present of positive responses in the process of awareness and organization of the indigenous struggle in Brazil. It was in the 1970s that the most popular layers created an awareness of their own capacity for political articulation.
7. "Citizenization" of the less favored strata from 1970 onwards (hypothesis of this article) Even in the face of so many clashes, tensions, divergent interpretations (involving article 231), the Federal Constitution guaranteed the recognition of the Indigenous as a subject of Rights -a guarantee, as a State duty-, a palpable result, thanks to the effectiveness and mobilization (nationally) of social movements and the Pastoral Land Commission (especially). The existence of the innovative article 231 of the Federal Constitution (at least the first part) is attributed to this struggle.
It is a normative framework that demonstrates, without a shadow of a doubt, the capacity of political articulation of Brazilian social movements of an ethnic character, even in an environment, mostly, assimilationist.
The recognition of indigenous peoples as subjects of Law(s), post-constituent, is unavoidably due to the effectiveness of the mobilization of social movements, trade union organizations, associations and other civil society organizations 28 .
According to André Gunter Frank, from the social movements arises "a kind of awareness (...) aimed at a process of citizenship of the less favored 28 Cf: Bicalho, Poliene Soares dos Santos. Protagonismo Indígena no Brasil: Movimento, Cidadania e Direitos (1970 -2009 One of the causes that explain this protagonism refers to the capacity of mobilization and political articulation of the Brazilian Indigenous Movement (duly represented by the different types of social movements of an ethnic nature existing in the country) ", which specifically included indigenous peoples. 30 . A political force that was born in the 1970s 31 At this time, according to Fernando Roque Fernandes, an element called ethnogenesis appeared in the Brazilian Indigenous Movement. Indigenous communities from the most varied parts of the country and with the support of different sectors of civil society emerge as a political and social force never seen before.
. 32 When the Brazilian State tried to emancipate, compulsorily, indigenous people from all over Brazil in the 1970s, the most varied pro-indigenous projects emerged in response to State action. For example, "the Pro-Indian Commissions, Anaís (National Association of Indigenist Action), the Indigenist Work Center (CTI) and the Indigenous Peoples Project in Brazil (PIB) A reality that was confirmed and gained stature during the Constituent Assembly. ". It was precisely these movements and associations that assumed definitive visibility during the Constituent Assembly.
It is a reactive movement to the emancipatory proposals spearheaded by the Brazilian State (in the 1970s). At this moment, the referred to "ethnogenesis" appears. A response far removed from what was expected by the Brazilian State, the acculturation and assimilation of native peoples to the dominant model.
Indigenous assemblies across the country began to articulate regionally from the 1950s, then nationally from the 1970s onwards: movements that began to interconnect and establish themselves as a large network. An instrument that, without a shadow of a doubt, potentiated the dialogues and struggles related to the indigenous cause.