One Indigenous and two Quilombola leaders killed within months

Association

Pataxó Hã-Hã-Hãe leader killed

On 21st December 2023, two unidentified people shot and killed Lucas Kariri-Sapuyá, a 31-year-old Pataxó Hã-Hã-Hãe Indigenous leader. The attack occurred near his village in the southern region of Bahia while he was riding his motorcycle with his son, returning from Pau Brasil.

He held several key roles within his community, including serving as Regional Coordinator of the United Movement of the Peoples and Organisations of Bahia (Movimento Unido dos Povos e Organizações Indígenas da Bahia, MUPOIBA), a health agent for the Indigenous Health Secretariat (SESAI) and President of the Municipal Board of REDE. The local authorities began an investigation, with MUPOIBA calling for justice and immediate accountability for those responsible: “We vehemently demand that justice be done. We call for justice for the life of Chief Luke.”

Growing pressure is mounting on President Luiz Inácio Lula da Silva and the Ministry of Indigenous Peoples to demarcate Indigenous lands and strengthen protections for Indigenous communities. Kariri-Sapuyá was killed days after the National Congress overrode the presidential veto against fragments of the Federal Law No. 14.701 (more information below).

Since June 2022, the Pataxó People have been experiencing ongoing violence due to conflicts around the definition of their territory as they began reoccupying part of their traditional lands. On 24th April 2023, the Inter-American Commission on Human Rights (IACHR) issued precautionary measures to benefit the Pataxó Indigenous People of the Comexatibá and Barra Velha Indigenous Lands after identifying them to be at serious, urgent risk of suffering irreparable harm to their human rights.

Killing of Quilombola leaders

On 27th October 2023, two armed men shot and killed José Alberto Moreno Mendes, president of the Residents’ Association of Quilombo Jaibara dos Rodrigues, outside his home in the Monge Belo Quilombola Territory, Maranhão. Known as “Doka”, Mendes was a prominent land rights activist.

Earlier, on 17th August 2023, another Quilombola leader, Mãe Bernadete (Maria Bernadete Pacífico), who served as the National Coordination for the Articulation of Black Rural Quilombola Communities (CONAQ), was murdered. Two men entered her house, shot her fatally, and fled. At the time, she was under state protection through the Programme for the Protection of Human Rights Defenders. Her son, Flávio Gabriel Pacífico dos Santos, also a Quilombola leader, was killed in 2017. CONAQ reported 30 Quilombola leader killings from 2013 to 2023.

These killings have raised concerns regarding the safety of Quilombola leaders in Brazil, with their leaders often targeted due to land conflicts and other underlying issues. Quilombolas are Afro-Brazilian communities descended from enslaved Africans who resisted Brazil’s slavery regime, which lasted over 300 years until its abolition in 1888. Despite the end of slavery, Quilombos have maintained their ethnic identity, organisational structure, and socio-political relations. According to reports, Brazil has an estimated 6,000 quilombos, but less than 250 of these communities have received collective land titles.

Investigation into the death of Indigenous leader

On 14th October 2023, Tymbektodem Arara was found deceased in a river within the Cachoeira Seca Indigenous Land, with drowning reported as the alleged cause of death. His passing occurred just 16 days after he had visited the United Nations in Geneva, Switzerland, where he denounced the ongoing land invasions in his community’s territory. The circumstances of his death have raised concerns, given the ongoing land conflicts and his recent participation in international advocacy.

Tymbektodem was a prominent Indigenous leader and president of the Association of the Arara People of Cachoeira Seca (Kowit). He was known for defending Indigenous rights, protecting natural resources, and preserving the Arara language. The Cachoeira Seca Indigenous Land has been the site of intense conflicts involving landowners, farmers and land grabbers. The Arara people have reported significant challenges arising from the construction of the Belo Monte hydroelectric dam, which has led to substantial deforestation and the presence of over 2,000 alleged land invaders within the territory.

Indigenous and human rights organisations demanded that the Federal Police in Pará conduct a rapid and complete investigation into the case. The organisations further called on the authorities to protect other Indigenous leaders in the territory and to monitor the land demarcation process, ensuring the community’s full protection. They also demanded the permanent presence of law enforcement and National Indian Foundation (FUNAI) agents—the Brazilian government body that establishes and carries out policies relating to Indigenous peoples—in the area.

Belo Sun Mining Company lawsuit against environmental defenders

On 17th October 2023, Belo Sun—the Brazilian subsidiary of Canada’s Belo Sun Mining Corporation—filed a criminal lawsuit against 40 people and environmental organisations opposing its plan to establish Brazil’s largest open-pit gold mine in Volta Grande do Xingú region. The company accused them of “invading company-owned land.”

The mining project has drawn criticism for its environmental risks and how Belo Sun acquired federal land for its development. Several lawsuits have detailed Belo Sun’s numerous irregularities, including the lack of free, prior, and informed consultation. The disputed area is part of the Ressaca Settlement Project, created more than 20 years ago to house approximately 600 farming families in the municipalities of Altamira and Senador José Porfírio, in northern Pará.

Filed over a year after protesters camped on land transferred by the National Institute of Colonization and Agrarian Reform (INCRA) during the administration of former President Jair Bolsonaro, the lawsuit targeted small-scale farmers, community leaders, environmental defenders, researchers and representatives of national and international organisations, including Xingu Vivo Para Sempre Movement, Amazon Watch, and International Rivers. As reported by Mongabay, over the past two years, landless peasants—rural workers seeking land for settlements or small-scale farming under land reform—have accused INCRA of illegally granting 24 square kilometres of public agrarian reform land to Belo Sun for mining.

The Interamerican Association for Environmental Defense (AIDA) has stated that this is not the first time that Belo Sun has intimidated civil society organisations aiming to silence its complaints about the risks of the Volta Grande do Xingu. In mid-2023, Belo Sun issued an extrajudicial notice to the National Coordination of Indigenous Peoples of Brazil (APIB) after the organisation’s report and advocacy at the UN in Geneva exposed corporate abuses by Canadian companies in the Amazon and Latin America.

Legal experts and campaigners claim Belo Sun’s lawsuit lacks accuracy and is part of a pattern of legal intimidation against its Amazon mining operations opponents, which the company denies: “There are people charged in this criminal complaint who don’t even know each other, but it’s another step in the strategy of establishing dominance over this area. No crime is described because there is no intention to trespass. Belo Sun doesn’t hold control or ownership over the area”, said Ana Alfinito, legal advisor at Amazon Watch.

On 15th November 2023, 25 local civil society organisations issued an open letter condemning Belo Sun’s actions, framing them as an attempt to criminalise farmers, social movements and civil society involved in environmental defence.

Controversial law curbing Indigenous rights comes into force

On 15th December 2023, the National Congress overrode the presidential veto against 47 provisions of Federal Law No. 14.701, which transformed the temporal framework thesis (marco temporal) into legislation. The law was finally enacted on 28th December 2023. As reported previously by the Monitor, the Indigenous movement and civil society organisations came out strongly against this bill in 2023.

This legal thesis—backed by agribusiness interests—asserts that Indigenous peoples can only demarcate their lands if they occupied them on 5th October 1988, ignoring the historical violence that forcibly displaced many communities before this date. Without proven effective occupation, Indigenous people must show that the land was in dispute—such as through a legal suit—on that specific date. However, before 1988, Indigenous peoples were under a regime that denied their civil and political rights, especially during the Brazilian military dictatorship (1964-1985), and did not recognise their cultures or territories, making “effective occupation” or legal disputes nearly impossible to prove. Legal experts have affirmed that the thesis could make 90 per cent of demarcation processes unfeasible.

On 21st September 2023, the Supreme Federal Court ruled the temporal framework thesis unconstitutional, reaffirming Indigenous people’s constitutional rights to their traditional lands. This decision was made in response to a possessory action (Extraordinary Appeal with General Repercussion No. 1,017,365) concerning the Xokleng Ibirama Laklaño Indigenous Land of the Xokleng, Kaingang, and Guarani peoples and the state of Santa Catarina, affecting 226 ongoing cases involving the demarcation of Indigenous territories in various courts.

However, eight days later, the Federal Senate passed Bill PL 2903/2023, reinstating the temporal framework thesis to regulate Article 231 of the Constitution, and imposing further restrictions on Indigenous rights. Fast-tracked by the agribusiness caucus, on 20th October 2023, the National Congress initially published Federal Law No. 14.701.

It establishes that Indigenous peoples can only lay claim to land they physically occupied as of October 1988, when the current constitution was promulgated. It also prohibits contact with isolated Indigenous groups, the use of genetically modified crops on Indigenous lands, and government reclamation of land from groups that have altered cultural traits. However, activists contended that the law still poses a significant threat to Indigenous rights and heightens the risk of violence.

The law faces constitutional challenges as it risks expelling Indigenous peoples from their lands, hindering their fundamental rights. Furthermore, the law exposes Indigenous territories to illegal commodity production, land grabbing, mining and deforestation.

Expression

Attack on journalist in Mato Grosso do Sul

On 22nd November 2023, around 31 masked and armed men ambushed journalist Renaud Phillipe, anthropologist Carol Mira, and environmental engineer Renato Farác in Iguatemi, Mato Grosso do Sul, while filming a documentary on the land struggles of the Guarani Kaiowá Indigenous peoples within the borders of Brazil and Paraguay. After visiting the filming locations and attending the Aty Guassu Guarani Kaiowá assembly, they encountered an unexpected roadblock of pickup trucks. “I have never been so worried about my safety at the hands of those who are supposed to serve and protect,” said Phillipe.

During the attack, an assailant cut the journalist’s hair, looted their car, and stole equipment, including a camera, phones, documents and money. Mira was also threatened with a knife to her hair and face. A seasoned conflict zone journalist, Phillipe suggested that someone had forewarned the attackers about their presence. He raised concerns about possible information leaks from the border police, who were the only ones aware of their visit.

Indigenous rights groups view this incident as another example of the violence faced by Indigenous communities in Mato Grosso do Sul. While reclaiming land, known as “retomadas,” the Guarani have frequently faced violence from non-Indigenous residents. On the same day, two Indigenous people were reportedly kidnapped in Iguatemi, according to APIB.

According to the Brazilian Association of Investigative Journalism (Abraji), violence against journalists and activists in Indigenous demarcation zones is not uncommon. The murder of British journalist Dom Phillips and Indigenous expert Bruno Pereira in Javari Valley in July 2022 prompted a strong response from national and international human rights and journalism organisations.

Brazil ranks 10th worldwide for failing to address crimes against journalists over the past decade, with 11 unsolved killings between 1st September 2013 and 31st August 2023. All these cases remain unpunished.

Court orders removal of Breno Altman’s posts on Israel-Palestine conflict

On 12th November 2023, the 16th Civil Court of São Paulo issued an injunction against journalist Breno Altman, ordering him to delete seven social media posts regarding the ongoing Israel-Palestine conflict. Altman, founder and editor of the Opera Mundi portal, is a prominent figure on the Brazilian left and one of the few with visibility beyond mainstream media.

This decision stems from a lawsuit filed by the Israeli Confederation of Brazil (CONIB), which alleged that Altman’s posts endorsed Hamas and promoted hatred through racist and anti-Semitic rhetoric. Altman, who is of Jewish descent, condemned the lawsuit, characterising it as an attack on freedom of expression and press freedom.

Judge Paulo Bernardi Baccarat, after reviewing the posts, identified offensive language in five of them, including terms such as “Zionists” and “rats.” The court determined that these terms conveyed veiled insults towards the Jewish community, invoking historical anti-Semitic stereotypes. While some posts were found to be offensive, others were considered expressions of Altman’s political views that did not target any religious or ethnic group. The judge ordered the removal of the “offending” posts and imposed a daily fine of at least R$500 (US$ 92) for non-compliance, though other content was allowed to remain online.

Two weeks later, on 30th November, the 8th Federal Criminal Court of São Paulo issued an injunction following a request by the CONIB. This second injunction targeted posts by Altman expressing solidarity with Palestine, reflecting a similar stance as the civil court’s prior ruling. Altman responded by stating that “the manoeuvre of Zionist agents, once again, rests on the lying association between anti-Zionism and anti-Semitism, still capable of deceptive authorities of good faith.”

On 26th December, the 2nd Chamber of Private Law of the São Paulo Court of Justice ordered Altman to remove five additional posts from his X account. Judge Luiz Augusto de Salles Vieira issued the ruling, based on another lawsuit filed by CONIB, which claimed the posts could constitute defamation or slander against the Jewish community. In these posts, Altman described Zionism as a “racist and apartheid regime” imposed on Palestinians. This marks the third legal victory for CONIB in its efforts to have Altman’s posts removed.

Mohamad Al Kadri, president of the Latin-Palestinian Forum, stated that Zionist lobbies silence dissenting voices. Brazil’s media, controlled by a few dominant groups, lacks plurality, making opposing opinions subject to pressure and criminalisation.

On 30th December, the Brazilian Press Association (ABI) expressed alarm over the Federal Prosecutor’s Office instructing the Human Rights and Institutional Defence Department of the Federal Police in São Paulo to investigate Altman. The ABI highlighted that the 1988 Constitution guarantees freedom of expression, a right consistently upheld by the Supreme Federal Court, including the right of journalists to freely critique. “Equating Altman’s anti-Zionist views, particularly as a Jewish individual, with anti-Semitism is not only erroneous but risks empowering those who defend the atrocities committed by the Israeli government in Palestine, where many, including innocent children, have been killed.”

This case must be understood within the broader context of how mainstream media handles narratives around Israel-Palestine and the effects this has on critical journalism. As highlighted by the FENAJ, editorial biases in Brazil not only undermine journalistic integrity but also restrict discussions on complex international issues, particularly regarding Palestine. This editorial influence disproportionately affects journalists, especially those, like Altman, who seek to challenge dominant narratives. In this way, the legal pressures faced by Altman echo a broader global issue, where critical voices are either silenced or marginalised.

In Brazil, a study on the country’s two largest newspapers—Folha de S. Paulo and O Estado de S. Paulo—found that Palestine was mentioned in only 20 per cent of articles during the Gaza conflict, overshadowed by references to Israel and Hamas. This selective reporting distorts public perception and, as noted by Brazil’s National Human Rights Council, infringes on the public’s right to accurate information.

Journalist sentenced for defamation over reporting on Mariana Ferrer case

On 17th November 2023, Judge Andrea Cristina Rodrigues Studer of the 5th Criminal Court of Florianópolis sentenced Schirlei Alves to one year in prison and ordered her to pay US$80,000 in damages on defamation charges. Following the ruling, The Intercept Brasil was compelled by the courts to edit the original article, adding several paragraphs from the judge and prosecutor to defend their conduct during the trial.

The case stemmed from a news article Alves published in November 2020 on the treatment of Mariana Ferrer during her testimony in the rape trial involving a Brazilian businessman. In her report, Alves used the term “reckless rape” in the headline and noted that the victim was humiliated by the businessman’s defence lawyers. After publication, the hashtag #estuproculposo (reckless rape in Portuguese) spread on social networks in a show of solidarity.

Alves’s reporting revealed instances of sexism and humiliation experienced by Ferrer, drawing national attention and leading to the creation of Law 14,245, the “Mariana Ferrer Law.” This law establishes penalties for acts that undermine the dignity of sexual violence victims and witnesses during judicial proceedings. “This decision seems to me to be an attempt at intimidation, at silencing not only myself, but other journalists who cover the judiciary,” said Alves.

Press media organisations condemned the decision. “Schirlei Alves's reporting did not attack the honour of the prosecutor or judge but upheld the press’s right to inform and the duty of officials to be accountable. Her work brought public awareness to the case, leading to the approval of the Mariana Ferrer Law. Alves is a respected data-driven reporter, and there is hope that the judiciary will recognise the importance of journalism and press freedom, reversing these unjust rulings.”

Bahia Judge orders removal of the Intercept’s report on Quilombola leader’s fight against landfill

On 14th September 2023, Judge George Alves de Assis of the Bahia Court of Justice ordered The Intercept Brasil to remove a report detailing the struggles of Quilombola leaders Bernadete Pacífico and her son (see association).

The article provided insight into Bernadete’s life and her community’s resistance against companies operating in the region, including Naturalle, which built a landfill near Quilombo in an environmental protection area. The judge’s decision was prompted by the lawsuit filed by the entrepreneur behind Naturalle, who accused The Intercept of implying a link between the deaths and his company.

Several civil society organisations, including Artigo 19, Abraji and FENAJ, condemned the court's decision, arguing it “undermines the right to information and freedom of the press, fundamental pillars of the democratic rule of law.” They called for the decision to be reversed, emphasising that the judiciary should support journalism and uphold constitutional protections for press freedom.

Report on judicial proceedings against journalists in the 2022 elections

On 13th December 2023, Abraji presented the findings from the 2022 Brazilian electoral period regarding judicial proceedings targeting journalists. The data stems from the Ctrl+X Project, which monitors judicial actions that seek to remove content or exhibit characteristics of judicial harassment, primarily affecting journalists.

Approximately 250 relevant cases were selected from a pool of around 1,000 judicial proceedings initiated during the 2022 elections. Political parties including Partido Liberal (PL), UNIÃO BRASIL, and Movimento Democrático Brasileiro (MDB), which actively engaged in litigation, also secured the most seats in the Brazilian Congress during this period.

Although the state of Amazonas represents just 2 per cent of Brazil’s population, it accounted for nearly 25 per cent of lawsuits filed against journalists. Alagoas and Goiás states also showed a high concentration of cases, while more populous states like São Paulo and Minas Gerais had comparatively lower percentages. Local media, such as radio stations like Rede Rádio e TV Tiradentes in Amazonas also faced numerous lawsuits, often initiated by local political figures.

The report highlighted the impact of these legal proceedings on journalistic freedom during the electoral process and how judicial tools may have been used to manipulate public discourse.

Journalists in the Amazon face increasing attacks and pressures, RSF report reveals

On 21st September 2023, Reporters Without Borders (RSF) released the report “Amazônia: Jornalismo em Chamas,” detailing the dangers journalists face in the Brazilian Amazon.

Between 30th June 2022 and 30th June 2023, RSF documented 66 attacks on the press across the nine states. Journalists in the region face threats, violence and pressure, often operating with “a target on their chest,” leading to self-censorship. Key challenges include political and economic interference, logistical and technological limitations, and a concentration of media ownership. Of the 66 recorded press freedom violations, 16 directly related to coverage of agribusiness, mining, Indigenous peoples and human rights issues. Additionally, one-third of these abuses occurred during the 2022 presidential elections.

Peaceful Assembly

Pro-Palestine demonstrations

Since the onset of the Israeli-Palestinian conflict in October 2023, Brazil has seen several peaceful demonstrations in support of the Palestinian people. Some of the higher-profile protests included:

• On 22nd October, hundreds of protesters gathered on Avenida Paulista in São Paulo to demonstrate in support of the Palestinian cause. The protest, organised by human rights organisations alongside activists, remained peaceful throughout. Protesters expressed their solidarity with Palestine in light of the ongoing conflict, holding banners, chanting slogans and waving Palestinian flags. They demanded an immediate halt to military operations in Gaza and called for the international recognition of Palestinian rights.
• On 4th November, over 7,000 people gathered on Avenida Paulista in São Paulo in solidarity with Palestine, marking the World Day of Solidarity with the Palestinian People. Protesters called for a ceasefire, an end to the alleged genocide in Gaza, and sanctions against Israel. Prominent speakers emphasised the humanitarian crisis and the importance of global support for Palestine. Similar protests occurred in other Brazilian cities.
• On 11th November, hundreds of protesters marched to the US Consulate in Rio de Janeiro to denounce Israel’s attacks on Gaza and express solidarity with Palestine. Carrying Palestinian flags, the demonstrators gathered before marching to the consulate, where they set fire to Israeli and US flags painted red. Clashes erupted between the protesters and security forces when police attempted to detain several participants. In response, police deployed tear gas to disperse the crowd.

Rocinha residents protest power outage

On 16th November 2023, residents of Rocinha, a community in the southern zone of Rio de Janeiro, protested over a power outage that had lasted for at least a week. The protest forced the closure of the Lagoa-Barra highway in both directions, causing severe traffic disruptions, with congestion spreading to nearby neighbourhoods, including Lagoa, Jardim Botânico and Ipanema.

Light, the company responsible for energy distribution in Rocinha, acknowledged the ongoing power supply issues in a statement. According to Light, the outage was caused by system overloads due to illegal electricity connections in the community. The company confirmed that repair teams were working on-site but had not yet fully restored electricity at the time of the protest.

Protesters in Maceió call for justice over Braskem’s salt mining disaster

On 6th December 2023, victims of Braskem’s environmental disaster held a protest in Maceió, demanding full accountability from the company. “We’re not going to leave our homes with nowhere to go, but at any time the police can arrive and give us five minutes to leave,” said Rosilene Avelino, one of the protesters.

Braskem’s industrial salt extraction in Alagoas has caused significant subsidence, threatening entire neighbourhoods with ground collapse. This ongoing environmental disaster has led to the evacuation of 60,000 residents due to the formation of large craters. The extraction involves sodium chloride, used in cooking, PVC production and caustic soda.

Protesters called for fair compensation and inclusion in the government’s risk map. They also delivered demands to several state institutions, stressing the need for just relocations and reparations. Braskem has been fined multiple times, but the community continues to seek justice for the damage caused.

Other developments

The resurgence of illegal mining in the Yanomami Indigenous territory

The Yanomami Indigenous Territory in Brazil is facing a resurgence of illegal mining, which has brought severe human rights issues, including environmental destruction, health crises, and social disruption for the Yanomami and Ye’kwana peoples. Despite initial government efforts in 2023 under President Lula to expel an estimated 20,000 illegal miners, reports indicated that mining activities have resumed, with the number of miners currently estimated to be around 4,000.