Kaingang~Indians are still in BR 285 until demarcation of lands
22 August 2012
Indians are still in BR 285 until demarcation of lands
The Kaingang Indians camped on the shores of BR 285, in Mato Castelhano, northwestern region of Rio Grande do Sul, will remain in place until it is completed the demarcation of the indigenous area in the municipality itself, still in the process of studies. The decision is the 4th Panel of the Federal Court of the 4th region, on trial occurred on Tuesday (8/21).
The Indians occupy the area since 2006 and they say to be spot on for not having nowhere to go. The invasion led to the National Department of transport infrastructure (Dnit) judge repossession action. The process has been processed in court since then. According to the organ, the occupation disrupts traffic and puts at risk the occupants of vehicles and camped themselves, since the traffic is intense.
In October 2010, the Federal Court of Passo Fundo determined removal of Indians, which led the National Indian Foundation (Funai) and the Federal prosecutors to make in court against the decision. According to the MPF, it would be precipitate to promote the removal of local Indians, without knowledge of where intended or where it would be possible to remove them.
After examining the appeal, the Rapporteur of the vote winner in court, federal judge Jorge Antônio Maurique, reformed the sentence and allowed the Indians to follow on the site. “Considering that the land is already being occupied by the communities Kaingang about six years and having primary anthropological studies concluding that these communities have a right to possession, must be allowed to follow camped until the completion of the administrative procedure that assesses the existence of indigenous area in the municipality,” said Maurique.
The judge noted that the removal of the Indians without resettlement area could cause the invasion by these buildings in the surroundings. “The occupation of private lands would generate more conflict and uncertainty in the relationship between indigenous and local rural producers, the situation that is being reported in the press for some time”, said the judge. With information from the Press Office of the TRF-4.
pdf in portugese~ http://s.conjur.com.br/dl/acordao-trf-mantem-indios-beira-rodovia.pdf