/ The Protection of Territorial Rights of Traditional Peoples and Communities in Brazil and the Role of the Federal Public Prosecutor’s Office (MPF)

May / 27 / 2026

The Protection of Territorial Rights of Traditional Peoples and Communities in Brazil and the Role of the Federal Public Prosecutor’s Office (MPF)

By: Wilson Rocha

Featuring Wilson Rocha. Fall 2024

Abstract:

Wilson Rocha is a Federal Prosecutor with a Master’s degree in History from the Federal University of Goiás and a Master’s degree in Constitutional Law from the University of Seville in Spain. He currently serves as the Executive Director of the Territórios Vivos Project, a Voluntary Geographic Information System (VGIS), designed to collect self-reported data on the territories of Traditional Populations in Brazil. The talk highlights the innovative use of the Traditional Territories Platform. Designed to address the slow pace of official land demarcation for traditional populations in Brazil and the resulting vulnerabilities, this platform aims to offer an alternative approach for those seeking legal and social recognition. By featuring the work of a practitioner who is both academically and practically engaged in protecting these territories, the talk offers a closer look at the challenges, innovations, and broader implications that affect both grassroots activism and institutional policies in the country, especially regarding movements led by traditional populations.

Fighting for Ancestral Territories:

Wilson is a Federal Prosecutor (Procurador da República) in Brazil. Over the years, he has realized that advancing environmental justice in the country requires not only enforcing laws but also forging strong alliances with social and environmental movements. For him, these grassroots movements bring critical energy and frontline knowledge to the defense of traditional territories, thereby shaping new paths for safeguarding collective rights and the environmental agenda.

From the outset, Wilson emphasizes that what Brazilians call “traditional peoples and communities” are not historical relics. On the contrary, they are active agents that embody transformative ways of life that challenge the prevailing development model of overexploitation and extensive resource extraction. Their cosmologies, social structures, and environmental practices represent what he describes as “civilizational alternatives.” For Wilson, we are seeing an escalating global crisis – an overlapping of ecological emergencies, political upheavals, and widespread socio-economic disparities. He argues that society urgently needs new paradigms of living, and these local communities, with their time-tested methods of dwelling sustainably on their territories, can offer crucial insights.

Within the Federal Prosecution Office (Ministério Público Federal – MPF), Wilson and some of his colleagues strive to protect the rights of traditional communities’, guided by the 1988 Brazilian Constitution and the framework established by the decree 6040/2007 that established the National Policy for Sustainable Development of Traditional Peoples and Communities. The legal framework of the 1988 Brazilian Constitution compels them to defend Indigenous, Quilombola, and other ethnic groups who have historically been pushed to the margins of society. Still, the struggle is far from straightforward. Political and economic interests are deeply entrenched, and they often collide with the rights of communities to maintain control over their ancestral territories.

The Burden of the Colonial Legacy:

Brazil’s colonial history fundamentally shapes the nation’s legal and social structures. From the moment the Portuguese arrived, race served as a criterion for distributing or denying rights. Indigenous peoples and Africans  –  later African descendants  –  were systematically enslaved, dispossessed, or forcibly assimilated. Independence from Portugal did not eradicate these power imbalances; rather, it preserved many colonial institutions that treat land as a commodity, divorced from the centuries-long history of those who inhabit it.  As Wilson warns, “Territory is conceived as mere merchandise, something you can buy and sell, free of any obstacles, free of any limitations.” Today, racism remains woven into Brazil’s fabric, continually affecting land rights and environmental governance.

As a Federal Prosecutor, Wilson sees daily how the system often artificially separates three interconnected elements: ethnicity, culture, and territory (or the environment). This partitioning is codified in different parts of Brazilian law, which addresses environmental protection in one section, cultural heritage in another, and Indigenous and Quilombola rights in separate legal codes. In reality, based on his experience, these dimensions are inseparable for traditional communities. Yet, the legal framework’s fragmentation has made the official demarcation of traditional territories slow, cumbersome, and vulnerable to powerful lobbies opposed to recognizing the rights of traditional populations.

Securing official territorial rights for traditional populations in Brazil is extremely challenging. “We say, it is like giving birth, to demarcate an Indigenous land in Brazil,” Wilson remarks. Communities face the constant threat of grilagem (land grabbing), illegal logging, uncontrolled mining, and other assaults on their territories. As long as formal recognition is delayed, their homes and cultures remain vulnerable.

In this context, social and environmental grassroots movements play a pivotal role. They monitor local conflicts, document abuses, mobilize public opinion, and often serve as the first line of defense when communities are under attack. By gathering evidence and bringing cases to the MPF, these movements help Wilson and his colleagues build stronger legal arguments. Ultimately, he believes the synergy between the MPF’s institutional leverage and the mobilization capacity of grassroots organizations can shift the balance of power and move the country closer to genuine environmental justice.

The Platform of Traditional Territories:

Given the systemic difficulties in securing official territorial rights for traditional populations in Brazil, Wilson and his collaborators needed a creative approach to address immediate community vulnerabilities. Under Brazilian law, demarcation does not create a new right; it merely recognizes an existing one. Traditional peoples already hold what Wilson refers to as inherent rights to the lands they have occupied for generations. But since the State often fails to formalize that right, they remain invisible in public registries and exposed to violence and exploitation.

That is why, in 2019, in collaboration with the National Council of Traditional Peoples and Communities, Wilson helped develop the Platform of Traditional Territories. Through this digital tool, communities can self-declare their territories. Instead of waiting years for the government’s official processes, these groups can publicly map and register the areas they inhabit, along with details about their cultural practices, governance structures, and environmental stewardship. While self-declaration does not replace formal demarcation, it serves as a vital protective measure, offering legal visibility that can be used in court or in negotiations with other stakeholders.

Environmental justice, in this sense, unfolds as both a grassroots and an institutional endeavor. While activists use the platform to create immediate protective measures, the MPF uses the resulting data to guide investigations, file lawsuits, and pressure government agencies to expedite demarcations. There is a growing recognition that when local communities and federal prosecutors work in tandem  –  each in their respective arenas  –  outcomes can be more robust and equitable. At the same time, Wilson acknowledges that the synergy between grassroots groups and institutions like the MPF is not always straightforward. Tensions can arise, especially around the slow pace of legal actions or the complexity of bureaucratic processes. However, he has observed that mutual respect and transparency tend to foster constructive engagement.

The Drive for Environmental Justice:

Wilson believes a significant strength of the Platform of Traditional Territories initiative lies in its alignment with the long-held views of Brazil’s grassroots movements. These movements have consistently emphasized that the environment is not simply a resource for exploitation. Rather, it is an integrated system in which cultural practices, the self-determination of political organizations, and ecological sustainability are inextricably linked. In this sense, genuine environmental justice cannot be achieved without addressing ongoing racism and colonial structures. He sees, for example, how traditional territories in Brazil are often located in areas deemed expendable or remote, precisely because centuries of racism deemed them less valuable. Yet those same areas can be invaluable for biodiversity, climate resilience, and the preservation of intangible cultural heritage: languages, rituals, ancestral knowledge, and so forth.

Wilson notes a growing societal recognition of how the localized struggles of grassroots movements are articulated in relation to global crises, particularly concerning environmental and climate issues. The capacity of traditional populations to adapt and regenerate landscapes, thereby enhancing biodiversity conservation despite challenging conditions, is evident. Their demands for territorial protection resonate with the international movement advocating for climate and environmental justice, which seeks to transform development models that degrade both people and the environment. By linking local territorial defense to global environmental issues, grassroots movements in Brazil are amplifying the urgency for policy reforms. In this sense, official demarcation processes, sometimes seen as niche or purely technical concerns, become central to debates about democracy, human rights, and sustainable development. The environmental justice lens thus broadens perspectives, linking the fate of local communities in Brazil to the well-being of everyone on the planet.

Building Civilizational Alternatives:

Ultimately, the idea that grassroots movements from traditional populations are “civilizational alternatives” is not about romanticizing or “freezing” traditional cultures and identities. It is about acknowledging that humanity stands at a crossroads, facing the overexploitation of ecosystems and the collapse of Western political systems, which have devastated environmental and social foundations. Meanwhile, Brazilian traditional populations, in their diversity, continually adapt and create new modes of existence with their territories – forms that may hold keys to a more just and inclusive futures. Their holistic understanding of territory (or the environment), culture, and ethnicity is a way to question the colonial legacy of rigid legal categories and to pursue a more integrated approach that could bring environmental justice into mainstream policy-making. Wilson argues that the self-declaration of traditional territories rebinds the concepts of ethnicity, environment (or territory), and culture that the law separates on paper. By identifying themselves as a distinct group, describing their territory, and demonstrating their distinct cultural practices, communities reclaim a holistic understanding of who they are and where they are. As Wilson puts it, “Ethnic belonging is belonging to a territory, and both are circumscribed to a political process in which culture is mobilized to structure internal cohesion and external differentiation.” In other words, ethnic belonging is inseparable from the physical space (environment) they occupy, and the mobilization of living cultural elements reinforces their internal social and political coherence, highlighting their differences from the broader Brazilian society. 

Another relevant aspect of the work conducted with the Platform of Traditional Territories is how technological innovation can align with local knowledge and the self-determination of grassroots movements. Rather than waiting for top-down approvals, communities can document and affirm their own realities. 

As civilizational alternatives amid the crises we all face, the demands of grassroots movements from Brazilian traditional populations cannot be peripheral concerns. Instead, Wilson asserts, they must be a crucial axis of political life in Brazil, shaping debates about national identity, constitutional commitments, and the country’s place in a rapidly changing world. Recognizing the rights of traditional peoples and communities – and acknowledging them as civilizational alternatives offering sustainable and equitable ways of living – represents a vital step toward building more sustainable futures for all.

The complete lecture can be accessed below: