Annuls injunction that gave 48 h for Indians to leave farms

Annuls injunction that gave 48 h for Indians to leave farms

Discretion, Funai and MPF were not heard before the determination. Organs will have 36 hours to manifest on the invasion.

 

Ricardo Campos Jr      The G1 MS

                        
Velório do índio morto em desocupação de fazenda em MS (Foto: Fabiano Arruda/G1 MS)
Indians rip copy of repossession (Photo: Fabian Ahmadi/G1 MS)

The Federal Court annulled, on Monday (3), the injunction judge Raquel Domingues do Amaral which required the National Indian Foundation (Funai) to mediate the removal of indigenous people occupying farms in Sidrolândia, 70 km from Campo Grande. The reason, according to the decision, is that the Indian Protection Agency and Federal prosecutors were not consulted.

According to the sentence, the Indian Statute provides that “no legal measure will be granted outright in causes involving the interests of forestry or Indigenous heritage without prior hearing of the Union and of the Indian Protection Agency”.

In Sunday’s decision, the substitute federal judge in Raquel Domingues duty do Amaral had determined that the Union and the Funai withdraw in 48 hours, peacefully, ethnic Indians terena occupying the property.

In the new decision, this second, a period of 36 hours for the Union, Funai and the MPF to be ordered urgently to manifest itself on the issue.

The decision was taken at the remaining prohibited action joined in court by the owners of the properties occupied after the Indians they invade the sites. They had gone out after the intervention of the Federal Police and the military police when there was confrontation and death of Prince Gabriel indigenous.

In accordance with the advice of MPF, the process continues running normally. Only the injunction was overturned. This means, according to the Court, that after all the parties have been heard, there will be a final decision, which could keep or not what had been determined.

History

The Buriti farm was occupied on May 15. On May 30, Oziel Gabriel, 36 years, died after fulfilment of writ of repossession. There was a confrontation between indigenous people and police officers. On Friday, the estate was again occupied by the terena.

The Buriti is in an area claimed by the Indians in a process that has dragged on for 13 years. The Buriti indigenous land was recognized in 2010 by the Ministry of Justice as of permanent possession of the Indians of the terena. The 17.2 hectares area was enclosed, and the Ordinance was published in the Diário Oficial da União. But so far the President has not made the approval. The identification of the area was approved in 2001 by the Presidency of the Funai, but judgments shall suspend the course of the demarcatório procedure.

 

Twists And Turns

In 2004, the Federal Court stated that the lands belonged to the rural producers. The National Indian Foundation (Funai) and the Federal Public Prosecutor’s Office appealed. In 2006, the Federal Regional Court modified the first decision and declared the area as traditional Indian occupation. Farmers have filed appeal and favorable ruling in June 2012.

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