Justice-11/23/2012-12:16 Government appeals the decision of the MPF on indigenous
The State Attorney General’s Office believes that safety of Indians is the duty of the Union
The Federal Court of Dourados accepted the arguments of the Federal Public Ministry (MPF) and determined, flatly, that the State of Mato Grosso do Sul will provide emergency support to the Indians of the region of Dourados.
The determination was due to the State’s Attorney General’s Office have forwarded a letter to the Civil and military Police, stating that the police agencies do not make to indigenous communities, be it preventive or emergency, with the claim that this is exclusive competence of the Federal Police.
Under penalty of a fine of 1,000 dollars, military and civil police can no longer refuse service in the villages of 18 municipalities in the region of Dourados: in the cities of Anaurilândia, Angélica, Bataiporã, Caarapó, Deodápolis, Douradina, Dourados, Fátima do Sul, Glória de Dourados, Itaporã, Ivinhema, Maracaju, Nova Alvorada do Sul, Nova Andradina, Novo Horizonte do Sul, Rio Brilhante, Taquarussu e Vicentina.
The MPF understood that “the fact of the indigenous land be well of the Union does not make the Indians ownership or interest in this subject, therefore, to federal jurisdiction”, in addition to “the fact that they are Indians will not assign any differentiation in time to be judged. Thus, the emergency to indigenous peoples should not be taken as an exception to the rule, but also for them, should focus the same rule that falls on other people, “said the action of the MPF.
Homicide and champion without policing
According to the MPF, the southern region of the State, the border with Paraguay, concentrates more than 44 thousand guarani-kaiowá Indians who suffer with the highest numbers of homicides and suicides in the country. Between September 2010 and 2012 were recorded only in the indigenous reserve of Dourados, 71 homicides.
State Government appeals decision
The State Attorney General’s Office said yesterday (22) via press release that will appeal against a decision of the Federal Court of Dourados. According to the PGE, the State is not responsible for this type of service on the public security of the indigenous communities, as such a service, in his understanding, must be provided by the Federal Government, through the Federal Police and FUNAI.
The PGE also tells that it is misguided to news that the State will resume the emergency to the Indians of the region of Dourados, because this service is provided continuously from accessory/State subsidiary way, as stated in the historic docked to autos and that was not appreciated by the Federal Court.
It was highlighted that there is omission and/or disability in the provision of this service by the Union, the political entity with the authority to exercise the activity of public safety on Indian villages and civilian police and the military police, within its structural possibilities and staff meet the so-called made 190 telephone and local service demands of crime in the same way that meet the rest of the population of Dourados and its surroundings.
Procedural reference in Justiça Federal de Dourados: nº 0001889-83.2012.4.03.6002
Source: Fernanda Kintschner-Capital News (www.capitalnews.com.br)