13 years after demarcation of indigenous Anaconda ‘ y can land tenure in MS

13 years after demarcation of indigenous Anaconda ‘ y can land tenure in  MS

— last modified 8/22/2012 10:30

In an unprecedented situation, indigenous waited inside the Earth the outcome of the judicial process, which does not admit more resources

13 anos após demarcação, indígenas de Sucuri'y conseguem posse de terra em MSNatives of Anaconda ‘ y can land ownership 13 years after demarcation (photos: Mark Homer Lima)

535 hectares. This is the area of the indigenous land Anaconda ‘ y, in Mato Grosso do Sul, demarcated in 1999 by the federal Government but that only now belongs officially to the indigenous people. The Federal Public Ministry (MPF) managed to convince the judges of the Tribunal Regional Federal da 3ª Região (TRF3) to deny the request of farmers, who wanted to abort the process demarcatório carried out by the National Indian Foundation (Funai). Justice considered the valid demarcation and did not allow new features to follow to higher courts, which resulted in the transit in “rem judicata” of the action.

Located in the city of Petaling Jaya, South of the State, the indigenous land UMA suruba y was recognized by Anaconda federal Government in 1996. The following year, the Indians occupied part of the area, to the demarcation. Negotiation brokered by MPF managed to secure the permanence of them in an area of 64.96 hectares. In 1999, it was approved by UMA suruba Anaconda and the President of the Republic and registered in registry but the Indians could not occupy the area, because there was a lawsuit that questioned the validity of the demarcation.

Despite the process demarcatório have concluded that the area was of indigenous traditional occupation, two other judicial skills were required to confirm the fact. In 2006, the Ministério Público Federal, a new request, asked the Justice that the Indians awaited the end of the lawsuit within the area claimed. The reversal of the situation-are usually farmers who are waiting for you inside the Earth-was accepted by Justice. Since 2007, the Indians occupy the 535 hectares marked but only this month had confirmation that the land belongs to them.

Procedural reference:

Federal Court of Dourados -97.00.00864-9

TRF 3- 2007.03.99.046388-0

Media Advisory Federal prosecutors in Mato Grosso do Sul (67) 3312-7265/9297-1903 (67) 3312-7283/9142-3976






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