• Categories
  • Archives

Brazilian Indians Win This Round. They Can Stay.

The chief justice of the Brazilian Supreme Court, Carlos Ayres Britto, suspended three repossession injunctions granted after possessory actions were filed with a federal court in Roraima. The decision was made at the request of the Federal Prosecution Service (MPF) and the National Indigenous Foundation (Funai).

The preliminary orders were aimed at removing indigenous peoples from the São Francisco, Jawari and Raposa/Serra do Sol communities at the request of rice farmers who invaded the land, and they were supposed to be executed as of October 29. After they were suspended, on October 28, the indigenous people were allowed to stay in the communities. 


The decision of Carlos Ayres Britto is similar to another one made by the chief justice which suspended the proceedings of a class action until a definition is reached as to what jurisdiction of the judiciary branch has the competence to make decisions about the official confirmation of the bounds of the Raposa/ Serra do Sol land.


This Class Action exists since 1999, but it was resumed in 2004, when Senator Mozarildo Cavalcante was included amongst its proponents. The Action is against the official confirmation of the bounds of the land as a continuous strip and it gave rise to the legal hindrances which prevent the official confirmation of the bounds of the Raposa/Serra do Sol land today.


The final decision on the jurisdiction to judge cases involving this indigenous land will only be made after the subject is voted on by the judges of the Supreme Court (STF).


The validity of the decisions made by the federal court of Roraima is being challenged based on a lawsuit filed by the Federal Prosecution Service with the Supreme Court in the form of a Complaint, a proceeding designed to preserve the competence of the Supreme Federal Court.


The Federal Prosecution Service argues that there is conflict of interests between the Federal Administration and the State of Roraima and, for this reason, the Supreme Court should be responsible for making decisions on the subject.


The arguments refer to the class action which was preliminarily accepted by the federal court of Roraima in 2004, according to which the assets of the State of Roraima would be harmed if the indigenous land is demarcated as a continuous strip.


Cimi ”“ Indianist Missionary Council
www.cimi.org.br

Tags:

  • Show Comments (0)

Your email address will not be published. Required fields are marked *

comment *

  • name *

  • email *

  • website *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Ads

You May Also Like

Brazil’s Engevix Gets Nod from Bentley

Engevix Engenharia, a Brazilian company specializing in technical consulting services, has been nominated for ...

Brazil Keeps Dragging Its Feet on Updating Productivity Indices

The expected update of Brazil’s Land Productivity Indices, used to identify land that is ...

Tourism Starts Showing at Brazil’s Balance of Payments

The increase in the number of foreign tourists visiting Brazil has begun to make ...

That Flying Feeling

The boitatá winked in the lowest part of the marsh. Cruz-credo. But the boitatá ...

Brazil Festival Matures: 329 Films from 66 Countries

The 28th annual São Paulo International Film Festival opens today. By choosing the Cine ...

Lowering Investments to US$ 50,000 Almost Triples Foreigners Betting on Brazil

Since last October, when Brazil’s Ministry of Labor and Employment reduced investment restrictions on ...

Public Defender Gets No Respect in Brazil

Brazil’s 1988 Constitution assigned state governments responsibility for establishing public defenders offices in the ...

Brazil Is Back to a Bull Market: Stocks Up 33% This Year

The capital market in Brazil is attracting great attention of investors of other emerging ...