Court ruling keeps Guarani Indians-kaiowás in farm in Mato Grosso do Sul

10/30/20125:10 pm > Updated 10/30/20127:21 pm

Court ruling keeps Guarani Indians-kaiowás in farm in Mato Grosso do Sul

Marina Motomura UOL in Brasilia

Foto 4 de 14 – 5.out.2001 – Índia guarani-kaiowá e sua filha acampam

A decision of the Federal Court for the third region (TRF-3) suspended on Tuesday (30) the repossession of the area occupied by Guaraní Indians-kaiowás, fazenda Cambará, in the municipality of Iguatemi, in the South of Mato Grosso do Sul. So the Indians can continue occupying the area in dispute. Today’s decision refers to a previous injunction was in favour of maintaining ownership proposed by Osmar Luis Bonamigo, the farm owner, issued by a federal judge of 1st Abu Dhabi stick (MS).

Mapa mostra localização dos municípios de Iguatemi e Naviraí, no Mato Grosso do Sul, palco de conflito entre os índios guaranis-kaiowás e fazendeiros

Map shows locations of towns of Iguatemi and Naviraí, Mato Grosso do Sul, the scene of conflict between the Guarani Indians-kaiowás and farmers

“I grant the suspensive effect to interlocutory appeal, to determine the maintenance of community forestry Pyelito Kue Indígena exclusively in space currently occupied by them, wrapped in 1 (one) hectare, i.e. 10 (ten) thousand square meters, until the end of the works that comprise the delimitation and demarcation of the land in the region, with the caveat that whatever was here established must be strictly observed by all parties involved.”federal judge Cecilia said Mello.

“In accordance with that decision, Aboriginals are where they are! Now strive to expedite the study process for demarcation of territory, “said Minister Maria do Rosario, of the Secretariat for human rights, on his Twitter. The Indians met with her on Tuesday afternoon.

“The case of the Court reflects, on the one hand, the drama of the Indians Indigenous Community members Pyelito Kue that, like many other Brazilian forestry, aims for a long time the demarcation of their lands. And, on the other hand, the drama no less meaningful to those who today occupy lands supposedly Indians who, for the most part, they acquired the property, or were imitidos on possession lawfully and settled there, “says the text of Judge Cecilia Mello.

“Add to that the Indians are in shortage and lack of assistance and, because of the bond that keeps Earth believers be yours, put their lives at risk and as a shield to defend their culture,” said Mello.

Wilson Dias/Agência Brasil

In the protest held on October 19, guarani-kaiowá Indian puts the cross in front of Congress to ask for protection to ethnic Indians in MS

The judge also overturned the previous ruling fine, which amounted to r $ 500 a day.

Understand the case

The area inhabited by 170 members of the guarani-kaiowá ethnic group is disputed for decades by Indians and farmers. In September, the same TRF-3 ordered the repossession, with the withdrawal of Indian families, but they refuse to leave the region and say they will “fight to death”. Speaking of the Indians came to be interpreted as attempt collective suicide, generating controversy on social networks.

The Indians occupy 2 hectares of farm Cambará, in the municipality of Mall, which boasts 762 acres since November 29, 2011, according to the Attorney General’s Office. The area occupied is part of native forest reserve, which cannot be exploited economically. They went to the area after an attack occurred in August 23, 2011, when armed gunmen have invested against the group, injuring children and elderly people and destroying the camp, mounted on the edge of a vicinal road.

Since then, several judicial decisions have generated controversy over the occupation of the area by indigenous people.

Earlier this year, Justice gave a deadline for a group of Indians guarani-kaiowá indigenous land Lady Supreme, in Mato Grosso do Sul, to vacate the area, which is claimed by farmers. The rationale, according to information of the indigenous missionary Council (Cimi) in the region, was that the National Indian Foundation (Funai) presented the report of identification of Earth.

Wilson Dias/Agência Brasil

Indians protest in Sao Paulo against the construction of the Belo Monte hydroelectric plant and against the eviction of ethnic communities Kaiowa who live on the banks of the River Hovy, Nagesh (MS)

Also this year, the Attorney General of the Republic, Roberto Gurgel, gave an opinion recommending that the demarcation of indigenous lands should continue in Mato Grosso do Sul. It manifested itself in resource that is pending in the Supreme Court (STF) against a decision of the Federal Regional Court 3rd region, which suspended the demarcation of land in the State as a request of the Federation of Agriculture and livestock of Mato Grosso do Sul (Femasul).

Last week, the MPF (Federal prosecutors) in Dourados (MS) filed an appeal in Federal Court 3rd region–this feature has been accepted now–in the face of the maintenance order of possession of the farm. The MPF seeks reform of decision that ordered the removal of Indians or, at least, the permanence of the indigenous community in the occupied area until you complete the anthropological studies to determine the traditional occupation.

Yesterday, a group of six indigenous community guarani-kaiowá was reunited with the Deputy Attorney General of the Republic, Deborah Duprat, in Brasilia, to deliver a document in that report the problems occurring in the community.

After the meeting, the representatives of eight indigenous ethnic groups have indicated that they intend to appeal to international courts, such as the OAS (Organization of Americanios States), if the Court determines that they leave the area in dispute.

According to the Indian Othniel Ricardo Guarani-Kaiowá, joint Council representative of the indigenous peoples of Brazil, there was a suicide in the tribe, Friday (26) to Saturday (27) and, last week, there was a case of rape of an Indian woman of 23 years old.


One thought on “Court ruling keeps Guarani Indians-kaiowás in farm in Mato Grosso do Sul

  1. ‘ There is an anthropological report and other evidence that these lands are the same Indians ‘, said Cecilia Mello, senior judge of the FEDERAL COURT of APPEAL-1 which ensured the presence of Guarani-Kaiowás in farm in Mato Grosso do Sul.

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