Guarani-Kaiowá~ legal to remain on 2 acres of land until decision of the court becomes final~


Guarani-Kaiowá Indians tribe WINS time before leaving the farm in MS

The federal judge’s decision not to refer the repossession

Posted in 10/26/2012 at 4:29 pm: updated: 10/26/2012 to 4:35 pm

Brazil Agency

The Guarani Indians 170-kaiowás that almost a year ago are part of a farm town Mall, about 460 kilometers of South matogrossense capital, Campo Grande, and whose plight gained national prominence in recent days won’t have to leave the area. The measure is worth at least until the real estate situation is clarified or anthropological reports drop in the case, as the Indians, traditional indigenous land. 

According to the Justice of Mato Grosso do Sul, unlike the Indians, indigenous organizations and the MPF itself (Federal prosecutors) in Mato Grosso do Sul came to announce the decision of federal judge Sergio Henrique Bonachela, the first Federal Court in Abu Dhabi (MS), constitutes an injunction to keep possession and not of reintegration of the area occupied by 100 adults and 70 children of the Guarani kaiowás since November of 2011.

The Agency Brazil came into contact with the Federal Court in the State of Mato Grosso do Sul this Friday morning (26) and is still awaiting an official position on the matter.

The legal detail that went unnoticed by many may seem trivial, but, in practice, means that the bailiff in charge of enforcing the sentence will be limited to notifying the Indians that the land belongs, until proven otherwise, the owners of Fazenda Cambará. The purpose of an injunction of maintenance is only to preserve the possession of those who had been occupying the area until the situation is clarified. Even so, Funai (National Indian Foundation) and the MPF filed appeals against the decision on October 16 and await trial.

According to the Republic’s Chief Prosecutor Marco Antonio Delfino, themselves were responsible for finance who requested the maintenance. The federal judge’s decision in favour of the application was given on the last day on September 17. As there is no representation of the Federal Court in Iguatemi, in charge of notifying the indigenous group was passed on to State Court, through a letter rogatory. Legally, the term for which the local bailiff notify the whole group ends on November 8.

Federal judge says in its decision that “in these proceedings, not discuss who owns the lands referred to in the request. Ownership, protection is afforded through this class of shares, is conferred even against the rightful owner because the raison d ‘ être of this legal protection is the social pacification through the fence to dispossession by private act, is violent, is illegal.

— The recognition of the right of the author [of the action, the owner of the farm] in no way constitutes contempt or indifference to the situation of the indigenous community, weaker party and victim of inertia of government agencies that already should have done a long time ago, the demarcation of lands that may belong to you, and may even give it ownership of the lands at issue in these proceedings.

According to the Director of the registry of the Forum Mall, Marco Antonio Arce, the bailiff not only began to be notified before the Guarani kaiowás due to the impact that the subject won in recent days because of the interpretation of a letter that indigenous leaders have made public.

The text is addressed to the Government and to the Brazilian justice, indigenous leaders speak on the possibility of “collective demise” when referring to the possible effects of the decision of the Federal Court. They say that, after years of struggle, the Group has lost the hope to survive “with dignity and without violence” in the region where, according to them, their ancestors are buried.

Finally, inform, threatening tone, which decided to “not entirely leave alive and not dead” and ask, if it is determined that they leave the area, Government and Justice to send “several bulldozers to dig a large hole to play and bury the bodies.”

Although the word suicide is not employed any time, the interpretation of which the Group was threatening to kill himself in protest generated a wave of emotion that won the social networking and was reported by international media.

According to the Ccme (Indigenous Missionary Council), although, in the letter, the Group has not talked about suicide, but rather “in the collective death in the context of the fight for land”, the extreme measure has been the applicant among the Indians. The Organization States that the situation of confinement in low areas, the lack of prospects, the acute violence and the impossibility of returning to traditional lands that are subject to various indigenous groups living in the State took at least 555 Indians alone taking one’s own life between 2000 and 2011.

Specifically in relation to the Guarani-kaiowás, the Ccme recalls that, although there are already 43 thousand of them spread by Mato Grosso do Sul, only eight indigenous lands were homologated for the Group since 1991.

According to the Federal Prosecutor, until three months before occupying two of the 762 acres of the farm Cambará, 170 Indians were camped on the shores of a vicinal road, in the same city. On the night of 23 August, the camp was allegedly attacked by gunmen who, according to the Indians, fired into the tents and injured several people. The MPF has the episode as genocide and called on the Federal Police that advance allegations. According to the MPF, the area occupied is part of a native forest reserve, which cannot be exploited economically and is being studied by anthropologists of Funai, in short, must disclose its conclusions.


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