Aldeia Maracanã: DPU will take the case to the Human Rights Commission of the OAS
Today at 7:14 pm-Updated today at 7:23 pm
Village Maracanã: DPU will take the case to the Human Rights Commission of the OAS
The Union added that Defender has also talked with Fifa on the matter
After the public defender in the State of Rio (DPE-RJ) have obtained State Court an injunction suspending the withdrawal of the old building’s Maracanã Village Museu do Índio, her sister, the federal public defender Rio Union (DPU-RJ), reported that will also this week to the Inter-American Commission on Human Rights (IACHR) of the Organization of American States (OAS) in Washingtonin the United States.
On Saturday (12), the shock of the Police Battalion Currently was triggered to remove the Indians, but failed to act by not having a mandate of writs of possession. On the same Saturday was granted an injunction by the State Court preventing the removal of the Indians.
On Monday (14), also the Republic Regional procuration of Rio (PRR-RJ), filed an interlocutory appeal with the Federal Court of the 2nd region (TRF-2) to reverse the decision of the President of the Court, Judge Kenneth Swan, which stripped two injunctions from federal judges that prevented the removal of the Indians and the overthrow of the building.
The regional prosecutor Newton Worth rebate overture from the State Government that the maintenance of the building and the Indian village endanger the achievement of the World Cup. According to the Grievance, is not the preservation of the property and the village of Indians who “gives to the risk, but rather a serious gambling addiction reform bill developed by the State, which in manifest disregard of the public interest, disregarded the existence of goods impregnated by interests not available”.
Complaint with the OAS
According to the public defender Andrew Ordarcgy said the Jornal do Brazil, aiming to take the case to the Inter-American Commission on Human Rights of the OAS is to put the Brazil and the State of Rio as a cause of damage to the indigenous community and the historic, cultural and architectural heritage in Rio de Janeiro.
“The old Indian Museum does not hinder the free movement of persons and its historic, cultural and architectural value has been proven. Still, the State insists on demolishing the building and remove the indigenous community that there is. We want the Commission to grant an injunction to prevent the State remove people, “said the Defender.
According to him, Brazil is a signatory of the Inter-American Convention and must obey the decisions of the Commission. “So far all other means have failed. Tried a settlement with the State, but he neither met with the PUD. Oficiamos in writing to the State, who never responded. This demonstrates that the State does not want to negotiate. Secondly, the legal attempt to prevent the demolition at the site was eliminated, since two injunctions granted by the Federal Court were suspended, “explained Ordarcgy.
Shock battalion of police PMERJ themselves in front of the Village Maracana on Saturday (12). Without a mandate, writ of possession, were unable to enter the site
Conversation with Fifa
The Defender also revealed that already sent all this information to the Director-General of Fifa in Brazil, Ron Del Mont. According to him, Del Mont reported that passes the data to the Secretary-General of the organisation, Jérôme Valcke, in Switzerland.
“I can’t talk about it without talking about the World Cup. I believe that is not interesting for Fifa that the World Cup is linked to a human rights violation. What international organization would like to see your event with a complaint at the Commission, “said Ordarcgy.
“I put to him (Del Mont) that Fifa to act more forcefully in this case with the State of Rio. One complaint in the Committee would be very unpleasant for the World Cup, the main event that Fifa sponsors. It proved receptive, asked for the documentation, and said he would forward to the Secretary General of Fifa in Switzerland, “added the Defender.
The State Court injunction
At the same time, the case continues to stir legal discussions. Although the President of the FEDERAL COURT of APPEAL have impeached the injunctions of federal judges that prevented the removal of the Indians and the destruction of the building, on Saturday (12), to Defensoria Pública do Estado do Rio (DPE-RJ) requested and obtained an injunction from the State Court preventing the removal of natives of the village.
The request was based on State law 2,898/98, which treats collective evictions. According to the text, any eviction of property where they live more than ten families can only occur if several institutes are communicated, as the Secretariat for Human Rights and Social assistance, among others.
“According to the ruling by judge Adriana Angeli which was in judicial duty Saturday, while not complied with the requirements of State law or judicial decision is obtained, not the State of Rio de Janeiro to remove the Indians under penalty of focus daily fine”, says passage of the DPE-RJ.
Ordarcgy explains that the imbroglio over whether the State can enter or not is in Federal Court. However, he warned that “even if the State can enter the site, need to fulfill what is written in the law 2,898/98”.
“The State is bald of knowing it, but was trying to get the Indians from there on Saturday. The injunction keeping possession (of Indians) fell, but by no means the direct admission of been there, “he said, referring to two injunctions suspended by the Federal Court of the 2nd region (TRF2), maintenance of a possession and another about the demolition of the building of the old Indian Museum.
The Defender explains that the case is similar to when buying a property and not taking care to check if someone is already living on site. “We need to bring a lawsuit to obtain a writ of possession. This happens with the private and the Government also, makes no difference. These are people, people who are already there for more than five years, “he says.