SUPREME COURT suspends decision that halted evictions of indigenous land in the State of Mato Grosso

 

INJUNCTION DECISION

SUPREME COURT suspends decision that halted evictions of indigenous land in the State of Mato Grosso

 

The essay-10/22/2012-12:0
The Xavante’s occupy only 9% of the area and the remainder is process of illegal logging, land conversion, land grabbing and illegal sale of lots.

 

The President of the STF (Supreme Federal Court), Minister Ayres Britto, suspended a decision of TRF-1 (the Federal Regional Court of the 1st region) which authorized the withdrawal of non-Indians Indian Marãiwatsédé area, in the State of Mato Grosso. The Minister felt duly characterized the injury to order and public security for granting the application.
According to the chronology presented by the PGR (Attorney General’s Office), the author of the action, in 1966 about 400 Xavante Indians were removed from the area due to the expansion of extensive stockbreeding farm Johan-Missu. In 1970, the farm was acquired by Agip Oil Company, which, in 1992, at the World Conference on the environment (Eco 92), returned to Earth to Xavante.
After his formal recognition as indigenous land by the Ministry of Justice, in 1993, and on the verge of his demarcation area, according to the PGR, was invaded “by opponents of the establishment of the indigenous area”. The Federal Prosecutor’s Office, by means of public civil action upheld both at first instance and in the TRF-1, required the fulfilment of the sentence with the immediate evacuation of the area by non-Indians, which was granted by the judgment of the first Federal Court Judicial section of Mato Grosso.
Faced with the possibility of an agreement between the Government of Xavante Mato Grosso for the swap area by another at Parque Estadual do Araguaia, and when, according to the PGR, Funai (National Indian Foundation) had already prepared the explosion plan and the judge set the day October 1, 2012 for the initiation of measures to do so, the Vice President of TRF-1 grantedin a precautionary measure nameless, suspensory effect the extraordinary appeal brought by the defendants.
To the PGR, this decision is against the public interest, taking a people the right to self-determination and to freely exercise their autonomy and identity “, and” serious damage to public order and safety “.
The initial suspension injunction stating that the xavantes Indians for more than 20 years, “resisted peacefully to their land claims, always confident in the Judiciary”, while the invaders “reacted violently at the first sign of compliance with the judgment which was unfavourable to them”.
To apply for the suspension of the injunction, the Attorney General points out that, according to report by Funai, the Xavante occupy only 9% of the area and the remainder is process of illegal logging, land conversion, land grabbing and illegal sale of lots.
To decide in favour of the application of the PGR, Minister Ayres Britto explained that the injunction of TRF-1 eventually conflagrate disputed region further disadvantaging indigenous community, who, for more than 50 years, suffered from “acts of bad faith on the part of the attackers.”
Ayres cited excerpts from the judgment of the FEDERAL COURT of APPEAL-1 in civil appeal in which was held the verdict of first instance to the effect that, since the Decade of 60, when the State of Mato Grosso in the Central-West went on to issue title deeds to non-Indians “driven by expansionist spirit of ‘ colonization ‘ of the region”, the Earth Marãiwatsédé on xavantes were victims of “spurious conduct practiced by leaders of Agriculture Johan-Missu”, that the expelled from their land and allocated on a “small Lakeland area where they remained exposed to numerous diseases”.
The judgment, to the Minister Ayres Britto, is categorical about the illegitimacy and bad faith of the possession of non-Indians “, and often resistance armada, the” explosion “plan represents” a continuity of the whole framework of violence to the right of the Indians “.
In its decision, the President points out that the SUPREME COURT, when judging the RE 416144, that deals with the same indigenous land, acknowledged that “the allusion to imminent conflict does not lend itself to suspend the decision authorising the entry of forestry in indigenous lands whose ownership is ensured by constitutional text, under penalty of reversing the presumption of legitimacy of the demarcation process”.
Follow the special Fenalaw: the President of the STF (Supreme Federal Court), Minister Ayres Britto, suspended a decision of TRF-1 (the Federal Regional Court of the 1st region) which authorized the withdrawal of non-Indians Indian Marãiwatsédé area, in the State of Mato Grosso. The Minister felt duly characterized the injury to order and public security for granting the application.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: