The Indian Statute
"The Indian Statute" is the name attributed to Law 6.001.
Promulgated in 1973, it contains rules on the relations of the state
and Brazilian society with the indigenous communities. In general lines,
the state followed a principle established by the Old Brazilian civil
code of 1916 , that the Indians are relatively capable,
and should be tutored by a state indigenous institution, (from 1910
to 1967 )the Serviço de Proteção ao Indio/SPI;
currently Fundação Nacional do Indio, (Funai) until they
are fully integrated in the national community, that is, integrated
in Brazilian society.
The 1973 Statute continues in force. However, it is in violent confrontation
with various features of the Federal Constitution of 1998, granting
greater rights to indigenous peoples. The 1988 Constitution does not
call for the integration of the indigenous peoples into Brazilian society,
ensuring them, on the contrary, the right for them to be different from
the rest of the country.
In 1994 a new statute was proposed and approved by a special commission
of the Chamber of Deputies. The passage of the bill was blocked however
for six years. At the present time new proposals, including some from
the government, have been examined in Congress but it is not certain
whether the new statute will be approved.