Cancelamento de CAR em Terras Indígenas: Desafios e Propostas para uma Melhor Implementação

The report identifies a critical lack of satisfactory federal legislation to resolve the overlap of Rural Environmental Registry (CAR) inscriptions on Indigenous Lands (TIs), noting that such overlaps are often used for land grabbing. It finds that most Brazilian states lack specific strategies for identifying and cancelling these irregular registrations, often relying on optional federal filters that only detect overlaps with fully homologated TIs, thereby leaving lands in the demarcation process vulnerable. The document analyzes state-level experiences—highlighting Pará as the only state with a specific cancellation strategy—and evaluates two pending bills (PL 4450/2021 and PL 486/2022) that aim to prohibit CAR inscriptions on public lands but still contain administrative gaps. It concludes with policy recommendations, including the need for the Ministry of Agriculture (MAPA) to revise Portaria 121/2021 and for Funai to maintain updated georeferenced data for all TIs to support fair and effective cancellation processes.

• Federal legislation does not provide satisfactory solutions for states to regulate or implement the cancellation of CAR inscriptions that overlap with Indigenous Lands (TIs).
• The CAR is frequently misused for land grabbing on public lands, with over 29 million hectares registered in overlap with protected areas, including TIs and Conservation Units. Inscriptions in these areas increased by 56% over the last two years.
• The automatic filter of the SICAR system only identifies overlaps with TIs that are homologated, regularized, or reserved, ignoring those in other demarcation phases, which violates the territorial rights of indigenous peoples.
• Most Brazilian states do not have specific regulations for CAR overlaps in TIs; only São Paulo, Mato Grosso, and Maranhão have specific legislation, though these still contain gaps and are not consistently applied.
• Pará is the only state that has implemented a specific strategy to identify and cancel overlaps in TIs, using a technical memorandum (Memorando Técnico nº 116/2020) to define actions based on the percentage of overlap.
• Proposed bills PL 4450/2021 and PL 486/2022 aim to prohibit CAR inscriptions on public and traditional lands, but both fail to fully regulate the administrative cancellation procedure or address the complexities of different land tenure stages.
• The current classification of overlapping CARs as 'pending' under Portaria MAPA nº 121/2021 does not prevent owners from accessing rural credit or environmental licenses, as these often only require that the CAR not be 'cancelled' or 'suspended'.

APA

Climate Policy Initiative (2022). Cancelamento de CAR em Terras Indígenas: Desafios e Propostas para uma Melhor Implementação. https://www.climatepolicyinitiative.org/pt-br/publication/cancelamento-de-car-em-terras-indigenas-desafios-e-propostas-para-uma-melhor-implementacao/

Chicago

Climate Policy Initiative. Cancelamento de CAR em Terras Indígenas: Desafios e Propostas para uma Melhor Implementação. 2022. https://www.climatepolicyinitiative.org/pt-br/publication/cancelamento-de-car-em-terras-indigenas-desafios-e-propostas-para-uma-melhor-implementacao/.

Wikipedia

{{cite report |author=Climate Policy Initiative |title=Cancelamento de CAR em Terras Indígenas: Desafios e Propostas para uma Melhor Implementação |date=25 May 2022 |url=https://www.climatepolicyinitiative.org/pt-br/publication/cancelamento-de-car-em-terras-indigenas-desafios-e-propostas-para-uma-melhor-implementacao/ |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{climatepolicyinitiative2022cancelamento, author = {{Climate Policy Initiative}}, title = {{Cancelamento de CAR em Terras Indígenas: Desafios e Propostas para uma Melhor Implementação}}, institution = {Climate Policy Initiative}, year = {2022}, month = may, url = {https://www.climatepolicyinitiative.org/pt-br/publication/cancelamento-de-car-em-terras-indigenas-desafios-e-propostas-para-uma-melhor-implementacao/}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }