Indigenous Legislation and Perspectives for Tourism in Indigenous Lands in Brazil

Abstract

Tourism involving indigenous communities has been developed in various parts of the world. In Brazil, several initiatives, however, were not regulated due to issues such as State jurisdiction, lack of consensus among scholars, government entities and communities on the importance of regulation, among others. However, the national legislation did not explicitly forbid tourism in indigenous territories, and in various documents, the State pointed the importance of indigenous autonomy and leadership, including in sustainable projects of ecotourism and ethnotourism; as well as highlighted the need for regulating these segments. In June 2015, tourism in Indigenous Lands was regulated, taking the debate on tourism involving indigenous communities to a new level. Therefore, this article, based on legal instruments and on the literature on the subject, addresses the Brazilian indigenous legislation and the new prospects for touristic activities, economic development and autonomy of these peoples. The research demonstrated that the regulation of the activity does not fully contribute to the autonomy of the communities, since it demands an authorization from the Brazilian National Indigenous Foundation, which may even deny it. In addition, despite being guided by the principle of precaution, the bureaucracy of the process allows for the continuity of illegal tourism.