Supreme considers reprehensible to attempt to slow the demarcatório process of the indigenous land Taquara

In an unprecedented decision, the SUPREME COURT rejects the Government’s maneuver of demarcation of indigenous lands against MS

 
4/30/2013 11:05

Supreme considers reprehensible to attempt to slow the demarcatório process of the indigenous land Taquara

Em decisão inédita, STF rejeita manobra do governo de MS contra demarcação de terras indígenas Federal Court of Abu Dhabi must decide for the validity of the TI Taquara

The Supreme Court (STF) has rejected the request of the State of Mato Grosso do Sul to appear as in-process part which questions the demarcation of indigenous land Taquara, in Santa Luzia. The State justified the measure by arguing that, if there were, it would be marking he is responsible for compensation to the owners.

The Federal Court of Naviraí referred the case back to the SUPREME COURT in 2010, because I believe that, if the State were included in the process, there would be the so-called Federal conflict between MS and the Union, which would force the trial to be held by the Supreme.

In the decision, the Minister Cármem Lucia understood that attempts in the State of MS joining in lawsuits alongside landowners against the Union and Funai force an “apparent conflict of Federation”. To the Minister, this is a “reprehensible practice, prestante just delay the solution of the controversy and the social pacification that it expected”.

From now on the action back to normally deal in Federal Court of Abu Dhabi. The demarcatório process of the indigenous land Taquara, however, remains suspended until there is a final decision.

History

In the 1950, the indigenous population that lived the 9,700 hectares of Taquara TI was removed by the Indian protection service (SPI) and dispersed by various localities. In 1999 some reoccupied Indians a fraction of land (96.8 there), which is part of Fazenda Brasília. The owners came in the same year with repossession action, but Funai had started studies for demarcation.

Since then, a long legal dispute is in progress. If on the one hand the protection bodies to try to ensure the traditional occupation of the land, on the other, the owners of the farm and the MS State maintain that, at the time of acquisition of the property, there was no indigenous occupation at the site. After joining the Supreme Court, in 2010, the demarcatório process was suspended. Now, the Federal Court of Abu Dhabi will decide for the validity of the TI Taquara.

Disputes between Indians and farmers are marked by violence. In January 2003 the guarani kaiowá Chief Marco Veron was brutally murdered. Attackers fired and beat natives contracted by the farmer. Veron, with 72 years, succumbed to the beatings and died with head trauma. The case gained international repercussion and was the only native homicide in MS who had judgment and condemnation.

Procedural reference in Federal Court of Abu Dhabi: 2005.60.06.000880-2

Procedural reference in the Supreme Court: ACO 1606 and AC 2641

bamboovillage

Taquara Village was the scene of the death of indigenous leader Marco Veron

Media Advisory Federal prosecutors in the State of Mato Grosso do Sul

(67) 3312-7265/9297-1903 (67) 3312-7283/9142-3976

http://www.prms.mpf.gov.br

ascom@prms.mpf.gov.br

http://www.twitter.com/mpf_ms

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