Justice determines immediate exit of area families xavante in MT

 

8/1/2012 4:55 pm -updated 5:56 pm 8/1/2012

Justice determines immediate exit of area families xavante in MT

The second decision, the use of force should only occur in recent cases. PF and National Force output should accompany families.

Leandro J. BirthThe G1 MT

Marãiwatsédé Índios (Foto: Reprodução/TVCA)Indians protest after Government of MT talk in rema- nejar community to State Park (Photo: Reproduction/TVCA)

The Federal Court of Mato Grosso endorsed the disengagement plan prepared by Funai to withdrawal of non-Indians who are in Marãiwatsédé, indigenous land in the northeastern region of the State. The explosion should occur immediately, but it will be up to the National Indian Foundation inform the date of initiation of the proceeding. Is what determines the federal judge Daniel Sousa in replacement decision conveyed this Wednesday (1). The Foundation should provide up to 48 hours the list of occupants who are in the region. The Government of Mato Grosso estimates that about 7 thousand people should leave location.
The withdrawal of the families of the area situated between the municipalities of Alto Boa Vista, Bom Jesus do Araguaia and São Félix do Araguaia, respectively the 1,064 km 983 miles and 1,159 km from Cuiabá, will be accompanied by agents of the Federal Police and the National Public Security Force. In his decision, the magistrate ordered the dispatch of warrants of eviction of indigenous area, “with a period of 30 days, keeping himself in the domain area of the Union only Indians”.
The judiciary bet on voluntary eviction from the land by families. However, the judge notes that “in the event of non-voluntary eviction of indigenous land in the trintídio granted, authorized the use of force, including police, strictly necessary for the performance of this decision”, accentuates the federal judge.

A real operation must be mounted to ensure the output of producers. Along with the warrants of eviction, should also be dispatched search warrants and seizure of weapons and other military equipment that can be found on Indian land and whose ownership is not proven, accentuates the federal decision.

The Federal Highway Police of Mato Grosso must strengthen policing along the stretch of the BR-158 and crosses Marãiwatsédé, “as a precautionary measure against Indian attacks,” punctuates the magistrate.

Imagem do Inpe mostra, marcada com linha amarela, o alerta de desmatamento na Terra Indígena Maraiwatsede. O círculo vermelho, acrescentado pelo Globo Natureza, indica a localização da aldeia xavante. (Foto: Inpe)Inpe’s image shows, marked with yellow line, the deforestation alert in Indian land Maraiwatsede. The red circle indicates the location of the village xavante. (Photo: Inpe)

Registration The register of occupants considered irregular should be conducted by the National Institute of Colonization and Agrarian Reform (Incra), that within ten days should be made official. Families who have profile should be framed in agrarian reform programmes of the Federal Government.

In a statement, the federal judge Oscar Sousa stated that “the Court of execution only is given the power to assess the presence or absence of requirements for provisional enforcement of sentence”.

According to the magistrate, the strength should be used in latest circumstances during the eviction process. “This Judgment pending the evacuation of the area by Indians not voluntarily orderly and peaceful, thus ensuring due respect for judicial decisions, not forgetting the maintenance of public order, being the force used only in case of recalcitrance of the explosion of the indigenous area, with the desforço is strictly necessary for the performance of judicial protection granted in ordinary action and performed by MPF”CITES in the stretch.

The G1 has sought the counsel of the Associação dos Produtores Rurais Johan-Missú area (Aprosum), Luis Alfredo Feresin, to comment on the Court decision. But until the 3:46 pm ( Mato Grosso) it has not been possible to establish contact.

The recently

Marãiwatsédé Índios (Foto: Reprodução/TVCA)Indians burn document submitted by the Government in Mato Grosso on Exchange of areas (Photo: Reproduction/TVCA)

The extension exceeds 165 thousand hectares. According to the National Indian Foundation, the Xavante people occupies the Marãiwatsédé since the 1960s. This time, farming Johan-Missú settled in the region. In 1967, the Indians were transferred to St Mark ‘s, indigenous land in the southern region of Mato Grosso, and remained there for about 40 years, Funai says.

In the year 1980 the farm was sold to the Italian oil company Agip. That year, the company was to return Xavante land during the Earth Conference in the year 1992, held in Rio de Janeiro (Eco 92).

Funai says that in this same year-when they started the studies of delimitation and demarcation of indigenous land-Marãiwatsédé begins to be occupied by non-Indians.

The year 1998 marked the approval, by presidential decree, of Tl. However, successive resources your eligibility in court mark the division between sides and indigenous producers. Funai says that currently the Indians occupy an area that represents “only 10% of the territory to which they are entitled”.

The territory is registered in the registry in the form of Federal Union property, according to legislation in force, and their regularization process is supported by article 231 of the Federal Constitution, law 6,001/73 (Indian Statute) and the Decree 1,775/96, punctuates the Funai.

In 2010 a decision of the Federal Regional Court 1st region confirmed the decision of first degree recognizing the legality of administrative procedure for demarcation of indigenous land. For Funai, “possession of all occupants not Indians was considered to be in bad faith, on the immovable property of the Union”.

In the opinion of the judges the community Marãiwatsédé “was stripped of possession of their lands in the 1960s, from the moment the State of Mato Grosso went on to issue title deeds to non-Indians, driven by the spirit of expansionist colonization ‘ region ‘ Brazilian”.

According to the Court, not Indians have no land rights by dealing with “mere  invaders, no possibility of filing of indemnity action”.

In July 2011, in another decision, the Federal Regional Court 1st Region ensured the permanence of the families of non Indians  in T1. However, in June this year a new decision overturned the earlier decision of the same court, authorizing the withdrawal of occupants not Indians.

Barter

In search of a solution to the impasse, the Government of Mato Grosso ponder the realization of an Exchange. The proposal consisted of a ‘ swap ‘ of the land in dispute by a corresponding in the Parque Estadual do Araguaia, transforming it into Indian reservation.

But in the opinion of the Federal Public Ministry, the proposal hurt the Federal Constitution, since the transfer of the Indians to another area can be held only provisional in character and still motivated by extreme reasons, such as in the event of an epidemic.

Carta compromisso escrita pelos índios xavantes cobrando de entidades governamentais e não-governamentais a devolução das terras Marãiwtsédé (Foto: Glauco Araújo/G1)Written by Charter xavantes Indians charging Government entities and non-governmental organizations the return of land Marãiwtsédé (photo: Ricardo Aguilar/G1)
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