MPF wants to ensure legitimate ownership of land to Tapebas

CAUCAIA

MPF wants to ensure legitimate ownership of land to Tapebas

The Attorney of the Republic Nilce Cunha joined with public civil action demanding the effective completion of the territorial demarcation process of the indigenous community

5/8/2013

In the face of abusive delay in demarcation of lands traditionally occupied by the indigenous group T in Caucaia (CE), the Federal Prosecutor in Ceará (MPF/EC) joined with public civil action in Federal Court to order the Union and the National Indian Foundation (Funai) to pay compensation of $ 5 million for moral damages to indigenous collectives living in that municipality, located in the metropolitan region of Fortaleza.
According to public civil action, Funai and the Union come ignoring legal deadlines and sometimes the constitutional principles of reasonableness, efficiency and economy by failing to terminate the demarcatório process of territorial Tapebas. According to the Attorney of the Republic Nilce Cunha Rodrigues, author of the action, the process has been dragged over the years, without completion forecast. Given this, the purpose of MPF is to ensure those legitimate ownership of indigenous lands where they live already for several generations.
In the lawsuit, the Attorney points out that the lands of the Tapebas did not have the territorial demarcation set, pending regularization territory on the part of Funai, which had its work, but so far have not been completed and there’s even estimated date for completion.
Because of the delay in the process of territorial demarcation, Nilce Tapeba community points out that the Wedge comes suffering successive losses, with invasion and loss of land area to non-Indians. According to the MPF, action with the completion of the demarcation process, will be provided to these indigenous recognition and appropriate protection, as provided for in article 67 of the Transitional Constitutional provisions Act (ADCT), which determined that all indigenous lands be demarcated within five years from the promulgation of the Federal Constitution of 1988.
According to Attorney Nilce Cunha, the damage suffered by the lack of demarcation not only reflect in the indigenous community of Tapebas, but also in non-Indians. “Such uncertainty is increasing violence in the region, due to the land dispute. So, if it is not taken no action with regard to the regularization of traditional territory occupied by group T, there will be no peace and tranquillity in that community, “says the author of the action.
Whereas the Funai and delay in completing the demarcatório procedure causes serious social imbalance in the community T, the Federal Prosecutor argues that there is no other way out but to plead the prompt and immediate intervention of the Judiciary in order to cease the “contempt and indifference of the Administration to the dignity of the members of that community suffered”.
Media Advisory Federal prosecutors in Ceará phone: (85) 3266.7457/3266.7458 ascom@prce.mpf.gov.br /Mpf_ce Twitter.com
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