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The Federal Territories of Brazil (Portuguese: Territórios Federais do Brasil) are sub-national administrative divisions overseen by the federal government of Brazil. Unlike the other federative units of Brazil, the federal territories are directly administered by the federal government. The 1988 Constitution of Brazil was the final constitution create formal regulations to regulate the establishment and disestablishment of federal territories. Federal territories can be created from other federative units after a successful plebiscite involving the affected residents. They can either be dissolved by elevation to new states or reintegration into the federative units that they were dismembered from.

If a new territory is created, it can have municipalities (unlike state and federal districts) and will elect four federal deputies, regardless of its location, territorial size, socio-economic conditions, population size and even electorate. The Territories have no Senators because they are not Federal Entities, being linked to the Union. (sourced in 1988 constitution) If a federal territory has more than 100 thousand residents, it'l have a governor elected directly by the president and judicial power, a Public Prosecutor's Office, and a Public Defender's Office [pt]

Brazil does not currently have any federal territories. The 1988 Constitution abolished all three territories then existing: Fernando de Noronha became a state district [pt] of the state of Pernambuco, and the Federal Territory of Amapá and the Federal Territory of Roraima were elevated to statehood.

Legislation

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Initial Constitutions

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See also: History of the Constitution of Brazil

The 1934 Constitution was the first constitution to include any mention of federal territories. This constitution ratified legislation regarding the legal framework for the creation of federal territories included in the Constitutional Reform of 1926 [pt].[1][2]

The 1937 Constitution provided more legislation regarding federal territories. Notably, that they can only be created in the interest of national security, they must be created by being dismembered from existing states, and that their administration would be regulated by special laws.[1]

1988 Constitution

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Main article: Constitution of Brazil

The modern laws governing the creation, organization, and administration of Federal Territories were established by the 1988 Constitution. According to Article 18 of the 1988 Constitution, the creation, conversion into a state, or reintegration of Federal Territories into their original states would be regulated by complementary legislation enacted by the National Congress following a plebiscite involving the local community.[a] The specific legal framework for federal territories are set by Article 33.[b] This allows the territories to be divided into municipalities[c] and mandates their financial accounts be submitted to the national congress.[d] It additionally says that federal territories with "over 100 thousand inhabitants shall have an appointed governor, courts of first and second instance, and members of the Prosecution Office and Federal Public Defenders".[e] Section 2 of Article 45 gives federal territories the ability to elect four representatives to the Chamber of Deputies.[f]

The Transitional Constitutional Provisions Act (ADCT), a separate document with constitutional rules to ensure a peaceful transition between constitutions, appended to the 1988 Constitution included two articles for the dissolution of the then 3 existing federal territories. Articles 14 and Article 15 of the ADCT reincorporated the Federal Territory of Fernando de Noronha into the state of Pernambuco[g] and converted Roraima and Amapá into states[h], respectively.[3] Additionally, Article 12 of the ADCT set guidelines for the creation of the Commission for Territorial Studies whose purpose was to "present studies on the national territory and preliminary projects for new territorial units, especially in the Legal Amazon". The commission was given one year to submit their findings to the National Congress[i].

History

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First Federal Territory

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Main article: Federal Territoy of Acre

The first territory administered directly by the central government was the Territory of Acre and was created by Decree No. 1.181, of February 25, 1904, during the presidency of Rodrigues Alves (1902-1906). The land that would become the Brazilian territory was acquired from Bolivia after the Treaty of Petropolis due to conflicts between the Bolivian Army and Brazilians from the northeast who migrated into Bolivian land in search of rubber trees in the Amazon. The Brazilian Constitution of 1891 did not account for the creation of federal territories which lead to discussion and debate around the necessity for the creation of type of political-administrative unit in Brazil. Lawmakers who advocated for the existence of federal territories looked to how the United States handled and implemented their territories. The creation of the Territory of Acre followed a similar trajectory to that of the territories of the United States during their westwards expansion as it was a purchased border region with the potential for economic development.

From 1903 to 1920, the Territory of Acre was organized into the three departments of the Upper Acre, the Upper Purus, and the Upper Juruá. These three departments were all administered autonomously from one another by mayors appointed directly by the president of the republic.[4] On October 1, 1920, Decree No. 14.383 unified the departments into the Territory of Acre, with the capital being the city of Rio Branco, according to the second article of that legislation. It was administered as a territory until 15 June 1962 when it was elevated to the state of Acre during the presidency of João Goulart (1961-1964). What legislation was used to do this?

Vargas Era establishments

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See also: Vargas Era and March to the West (Brazil)

The first constitutionally-recognized federal territories arose as a result of the March to the West policy engendered by the nationalist Vargas Era government (1930-1945). This policy sought to further populate the sparsely populated border regions of Northern, Central, and Southern Brazil and to instill national fervor in the Brazilian populace in hopes of developing underutilized land, strengthening national cohesion, and protecting its national borders. This policy alongside Brazil's entrance to WW2 in 1942 led to the creation of six federal territories.[5] The Federal Territory of Fernando de Noronha was dismembered from the state of Pernambuco by Decree-Law No. 4,102 on February 9, 1942 and served as a support point for the American military during the Second World War.[6][7][8] On September 13, 1943, Decree-Law No. 5,812 dismembered five more federal territories from various states across Brazil: Amapá, Guaporé, Iguaçu, Ponta Porã, and Rio Branco.[9][5]

Proposed federal territories

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While Brazil has had no federal territories since the adoption of the 1988 Constitution, there have been several proposals for the creation of new federal territories in order to encourage local development and strengthen national security in remote regions of Brazil.

After a year of research, the commission proposed the creation of three federal territories and two states.[10]

^ replace heading by expanding on this [11]

Federal Territory of Araguaia

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One of the federal territories proposed by the Commission for Territorial Studies was the Federal Territory of Araguaia. It would be created from five municipalities[note 1] in the north of the state of Mato Grosso. The total area of the territory would be approximately 59,642 km2 and it would contain 6.6% of the total state population.

Federal Territories of Alto Solimões and Rio Negro

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The other two federal territories proposed by the commission were the Federal Territories of Alto Solimões and Rio Negro. The Federal Territory of Alto Solimões would be created from seven municipalities[note 2] in the state of Amazonas. The total area of the territory would be approximately 130 thousand km2 and it would contain an estimated 91 thousand inhabitants. The Federal Territory of Rio Negro would be created from four municipalities[note 3] in the same state. The total area of the territory would be approximately 346 thousand km2 and it would contain around 44 thousand inhabitants. The total population of these two federal territories represented just under 7% of the total state population of Amazonas.[12][13] The legal regime would be organized by the federal government as neither territory would have above 100 thousand residents.[14]

On 25 May 1995, Euler Ribeiro brought forward the legislative proposals 97/1995 and 98/1995 that would create a plebiscite in the state of Amazonas for the creation of the Federal Territories of Alto Solimões and Rio Negro, respectively.[15][16] The capital of Alto Solimões would be Tabatinga and the capital of Rio Negro would be São Gabriel da Cachoeira. This proposal was made to strengthen the Calha Norte Project [pt], a program which aimed to heighten the presence of the Brazilian military in the Amazon to occupy and surveil Brazil's border areas with Colombia, Venezuela, and Peru.[10][17] This region of Brazil is plagued by illegal logging and mining of the plentiful natural resources due to its remoteness and distance from the Amazonian state capital of Manaus.[12][13]

This proposal was met with support and opposition. Alcimar Caldas Magalhães [pt], the bishop at the Roman Catholic Diocese of Alto Solimões, supported the proposal and believed that the proposal would benefit the region's economic and cultural development and allow more opportunities for local leaders. Military personnel advocated for the creation of these federal territories as they believed it could ensure the security of Brazil's borders in the Amazon and the natural resources of the region. Thaumaturgo Sotero Vaz, the ex-chief of the Amazon Military Command, believed that the creation of these territories would help control Brazil's Amazonian border region and warned that the federal government must invest into the region's infrastructure to ensure its economic development.

The proposal was criticized by Gersem Baniwa, an indigenous leader and the coordinator of COAIB, who said that the creation of these federal territories would invisibilize indigenous territory in the region. The land contained within the proposed federal territories had over 1700 different indigenous communities with several not yet having formalized borders. Baniwa argued that the funds intended for the establishment and maintenance of the territories would be better spent through direct investment in the 10 municipalities that would be dismembered. Indigenous leaders from 17 different communities in the Alto Rio Negro region wrote a joint letter to Ribeiro expressing their disapproval of his proposal as it would lead to them losing rights that the constitution guaranteed them. (NEED TO CHECK THIS PROPOSAL).[18]

The proposals brought forward by Ribeiro were the first proposed dismemberments of the border regions of the state of Amazonas and inspired future proposals for the federal territories in the Brazilian Amazon.[citation needed]


It looks like this was the first proposal and then was used as a basis for the proposals below

need to verify(https://www.camara.leg.br/busca-portal?contextoBusca=BuscaProposicoes&pagina=1&order=data&abaEspecifica=true&filtros=%5B%7B%22autores.nome%22%3A%22Euler%20Ribeiro%22%7D%5D)

(https://www.camara.leg.br/proposicoesWeb/fichadetramitacao?idProposicao=14128 and https://www.camara.leg.br/proposicoesWeb/fichadetramitacao?idProposicao=24941 sources[13] and[19][20]

Federal Territories of Rio Negro, Solimões, and Juruá

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On 14 November 2000, the legislative proposal 725/2000 proposed for a plebiscite in the state of Amazonas regarding the dismemberment of three new territories—the federal territories of Rio Negro, Solimões, and Juruá—from portions of the state that border Colombia, Peru, and Venezuela[21] This proposal drew from three previous proposals 495/2000 of 31 May 2000, 584/2000 of DATE, and 586/2000 of DATE which sought to form the federal territories of Alto Rio Negro, Solimões, and Rio Negro, respectively.

drew from the previous proposal 495/2000 presented on 31 May 2000 which aimed to dismember 4 municipalities in the state of Amazonas to form the federal territory of Alto Rio Negro.[22]

584/2000 for a plebiscite regarding creation of federal territory of Solimões

586/2000 for a plebiscite regarding creation of federal territory of Rio Negro

sources[23][24]

Federal Territory of Oiapoque

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A view from the Oiapoque river of the municipality of Oiapoque in the state of Amapá.

On 16 August 2001, the legislative proposal 1097/2001 proposed the dismemberment of the municipality of Oiapoque from the state of Amapá as its own federal territory.[25] At the time of the proposal, this municipality had approximately 10 thousand inhabitants which compromised 2.6% of the total state population. According to then senator Sebastião Bala Rocha [pt], its location on the border with French Guiana makes it a natural habitat for drug trafficking. At almost 23 thousand km2, larger than the state of Sergipe, the governments of Amapá and the municipality of Oiapoque lacked the necessary structure to adequately combat the drug trade in this region.[26]

While a vote for its creation passed the senate, it was rejected by the Commission of the Amazon for National Integration and Regional Development due to a study that found that "90% of capital that would go to the newly created territory would be absorbed by bureaucratic expenses leaving a mere 10% of the initial funds for investment in the region".[27][28]

Federal Territory of Marajó

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The municipality of Soure on the island of Marajó in the state of Pará.

On 26 November 2002, the legislative proposal 2419/2002 proposed the dismemberment of the 16 municipalities[note 4] on the island of Marajó from the state of Pará as its own federal territory.[29] Marajó has a total area of approximately 105 thousand km2 , slightly larger than Iceland, and approximately 400 thousand inhabitants at the time of the proposal.[30] Despite the vast natural wealth contained in the region, Marajó is incredibly impoverished with all 16 municipalities on the island having higher infant mortality rates, lower education rates, and a HDI lower than the rest of the nation.[31]

The state deputy, Benedito Dias [pt], who created the proposal believed that detaching Marajó as its own federal territory was the only solution to translate the region's agricultural and touristic potential into an economic boon that could improve the quality of life of its residents.[30][32] This proposal was also supported by then senator Mário Couto [pt] who believed it to be the only solution to the extreme poverty, rampant crime, and abandonment that the region faces.[33]

Federal Territory of Pantanal

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An aerial view of the Pantanal biome that spans parts of Mato Grosso and Mato Grosso do Sul.

On 25 November 2003, the legislative proposal 1027/2003 proposed for the creation of a plebiscite to determine whether 22 municipalities[note 5] between the states of Mato Grosso and Mato Grosso do Sul that coincide with the pantanal biome contained within Brazil should be dismembered to form the federal territory of Pantanal.[34] It was proposed by Fernando Gabeira, a state deputy of the state of Rio de Janeiro, to ensure that the region would be respected and protected as a geopolitical, geoeconomic, ecological and cultural unit for future generations of Brazilians.[35][36]

The call for a plebiscite was supported by federal deputy Antônio Carlos Biffi [pt] as he believed that the residents of Mato Grosso and Mato Grosso do Sul should determine whether the creation of a new federal territory would be viable.[37] The proposal for the creation of this federal territory drew criticism from various deputies. Deputies Pedro Teruel [pt], Sérgio Assis, and Humberto Teixeira called the proposal ridiculous and said that the creation of a federal territory would be an ineffective and costly alternative to other government programs that could better serve the region. Teixeira noted that Gabeira was from the state of Rio de Janeiro so was unfamiliar with the needs of the region.[38] Federal deputy Nelson Trad voted against the proposal and said that it fulfilled "none of the requirements for the creation of a federal territory". The proposal was archived on 31 January 2011.[36]

Junk

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in 1942 with the creation of the Federal Territory of Fernando de Noronha[7] and in 1943 with the creation of five other federal territories: Amapá, Guaporé, Iguaçu, Ponta Porã, and Rio Branco.[5]


The Federal Territory of Amapá was created from Pará, the Federal Territory of Rio Branco was created from Amazonas, the Federal Territory of Guaporé was created from Amazonas and Mato Grosso, the Federal Territory of Ponta Porã was created from Mato Grosso, the Federal Territory of Iguaçu was created from Paraná and Santa Catarina, and the Federal Territory of Fernando de Noronha was created from Pernambuco.

TRANSLATED FROM PT ARTICLE

Fix this: Federal territory

Categories

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Territories of Brazil

Subdivisions of Brazil

Notes

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  1. ^ 1988 Brazil Const. ttl III, ch. I, art. 18
  2. ^ 1988 Brazil Const. ttl III, ch. V, sect. II, art. 33
  3. ^ 1988 Brazil Const. ttl III, ch. V, sect. II, art. 33, § 1
  4. ^ 1988 Brazil Const. ttl III, ch. V, sect. II, art. 33, § 2
  5. ^ 1988 Brazil Const. ttl III, ch. V, sect. II, art. 33, § 3
  6. ^ 1988 Brazil Const. ttl IV, ch. I, sect. I, art. 45, § 2
  7. ^ Transitional Constitutional Provisions Act, Art. 14
  8. ^ Transitional Constitutional Provisions Act, Art. 15
  9. ^ Transitional Constitutional Provisions Act, Art. 13

References

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  1. ^ a b da Cunha Melo, Leopoldo (January 1948). "Conceituação de "Território Federal" como unidade política" [Conceptualization of "Federal Territory" as a political unit] (PDF). Boletim Geográfico (in Brazilian Portuguese). 5 (58): 1128–1133.
  2. ^ Rosa, Ruben (July–August 1964). "Dos Territórios Federais" [The Federal Territories] (PDF). Boletim Geográfico (in Brazilian Portuguese). 23 (181): 481–496.{{cite journal}}: CS1 maint: date format (link)
  3. ^ "ADCT: Entenda o que ele é e qual a sua importância! ⚖️". Aurum (in Brazilian Portuguese). 2022-03-17. Retrieved 2023-06-11.
  4. ^ "AS CAPITAIS DO ACRE: A CIDADE E OS PODERES". www.ub.edu. Retrieved 2023-05-20.
  5. ^ a b c Priori, Angelo; Regina Pomari, Luciana; Maria Amâncio, Silvia; Karina Ipólito, Veronica (2012). "O Território Federal do Iguaçu". História do Paraná: séculos XIX e XX (PDF) (in Portuguese). pp. 59–74. ISBN 978-85-7628-587-8.
  6. ^ "Legislação Federal - Senado Federal". legis.senado.leg.br. Retrieved 2023-06-03.
  7. ^ a b "A quem pertence Fernando de Noronha? Ação Civil quer que titularidade da ilha vá para União". Brasil de Fato (in Brazilian Portuguese). 2022-04-20. Retrieved 2023-06-03.
  8. ^ Carlos Roberto, Carvalho Daróz (June 2017). "A artilharia brasileira e a defesa de Fernando de Noronha durante a 2ª Guerra Mundial". Tiempo y Espacio (in Portuguese). 27 (67): 21–43. ISSN 1315-9496.
  9. ^ https://www.planalto.gov.br/ccivil_03/decreto-lei/1937-1946/del5812.htm
  10. ^ a b "Folha de S.Paulo - Governo pretende redividir mapa da região amazônica - 13/10/1996". www1.folha.uol.com.br. Retrieved 2023-06-16.
  11. ^ CN-CMIST - COMISSÃO MISTA (12 December 1989). "Parecer favoravel, propondo a criação de 02 (dois) Estados: Tapajos e triangulo mineiro e 03 (tres) territorios federais: Rio Negro, Alto Solimões e Araguaia" [Favorable opinion, proposing the creation of 02 (two) States: Tapajos and Triangulo Mineiro and 03 (three) federal territories: Rio Negro, Alto Solimões and Araguaia.]. Cámara de Diputados (in Brazilian Portuguese).
  12. ^ a b "Folha de S.Paulo - Novas unidades teriam minério e índios - 13/10/1996". www1.folha.uol.com.br. Retrieved 2023-06-16.
  13. ^ a b c https://documentacao.socioambiental.org/noticias/anexo_noticia/50997_20191126_101741.PDF
  14. ^ "Folha de S.Paulo - Governadores são nomeados - 13/10/1996". www1.folha.uol.com.br. Retrieved 2023-06-16.
  15. ^ "Portal da Câmara dos Deputados". www.camara.leg.br. Retrieved 2023-06-13.
  16. ^ "Portal da Câmara dos Deputados". www.camara.leg.br. Retrieved 2023-06-13.
  17. ^ "Folha de S.Paulo - Calha Norte é "ressuscitado" - 13/10/1996". www1.folha.uol.com.br. Retrieved 2023-06-16.
  18. ^ "Da FOIRN para Deputado Euler Ribeiro". As Cartas dos Povos Indígenas ao Brasil (in Brazilian Portuguese). Retrieved 2023-06-16.
  19. ^ https://acervo.socioambiental.org/sites/default/files/documents/0AD00352.pdf
  20. ^ "Carta ao dep. Euler Ribeiro sobre a intencao de criacao dos territorios do Alto Rio Negro e o de Solimoes. | Acervo | ISA". acervo.socioambiental.org. Retrieved 2023-06-16.
  21. ^ Cavalcanti, Mozarildo. "PDC 725/2000 - Projeto de Decreto Legislativo de Referendo ou Plebiscito". Câmara dos Deputados. Retrieved 2023-06-06.
  22. ^ Jorge, Eduardo. "PDC 495/2000 - Projeto de Decreto Legislativo de Referendo ou Plebiscito". Câmara dos Deputados. Retrieved 2023-06-06.
  23. ^ "PLEBISCITO PODERÁ CRIAR TRÊS TERRITÓRIOS NA AMAZÔNIA". Senado Federal (in Brazilian Portuguese). Retrieved 2023-06-06.
  24. ^ https://www.camara.leg.br/proposicoesWeb/prop_mostrarintegra?codteor=24197
  25. ^ Rocha, Sebastião. "PDC 1097/2001 - Projeto de Decreto Legislativo de Referendo ou Plebiscito". Câmara dos Deputados (in Brazilian Portuguese). Retrieved 2023-06-04.
  26. ^ "Oiapoque poderá ser transformado em território federal". Folha de Londrinha. August 12, 2001.
  27. ^ "Folha Online - Brasil - Senado aprova plebiscito para criação do território do Oiapoque - 14/08/2001". www1.folha.uol.com.br. Retrieved 2023-06-04.
  28. ^ "Comissão rejeita criação do território do Oiapoque - Notícias". Portal da Câmara dos Deputados (in Brazilian Portuguese). Retrieved 2023-06-04.
  29. ^ Dias, Benedito. "PDC 2419/2002 - Projeto de Decreto Legislativo". Câmara dos Deputados. Retrieved 2023-06-04.
  30. ^ a b https://www.camara.leg.br/proposicoesWeb/prop_mostrarintegra?codteor=105282
  31. ^ "Marajó: um desafio socioeconômico de proporções amazônicas". O Liberal (in Brazilian Portuguese). 2021-12-11. Retrieved 2023-06-06.
  32. ^ clipping (2003-01-09). "DEPUTADO PROPÕE CRIAÇÃO DO TERRITÓRIO DO MARAJÓ". Ambientebrasil - Notícias (in Brazilian Portuguese). Retrieved 2023-06-04.
  33. ^ "Mário Couto quer transformar ilha de Marajó em território federal". Senado Federal (in Brazilian Portuguese). Retrieved 2023-06-04.
  34. ^ Gabeira, Fernando. "PDC 1027/2003 - Projeto de Decreto Legislativo de Referendo ou Plebiscito". Câmara dos Deputados. Retrieved 2023-06-04.
  35. ^ https://www.camara.leg.br/proposicoesWeb/prop_mostrarintegra?codteor=184226&filename=Tramitacao-PDC%201027/2003
  36. ^ a b "Congresso arquiva projeto sobre criação do Território do Pantanal - Diário Corumbaense". www.diarionline.com.br (in Portuguese). Retrieved 2023-06-06.
  37. ^ "Biffi quer plebiscito para criação do Território Federal do Pantanal". www.douradosnews.com.br (in Brazilian Portuguese). Retrieved 2023-06-07.
  38. ^ "Teruel critica proposta de criação do Território Federal do Pantanal". Site Oficial da Assembleia Legislativa de Mato Grosso do Sul (in Brazilian Portuguese). 2006-03-21. Retrieved 2023-06-07.
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