Letter to President Dilma: disqualification of Funai repeats last military Government

Letter to President Dilma: disqualification of Funai repeats last military Government


June 4, 2013-15:03 — Michelle

In the past many crimes were committed in the name of development and national security law, today such practices are hiding behind a discourse on the need for “good governance” and a “Government in dispute”



Brazilian Jurists,


The attitude of the federal Government to disqualify, through the Civil Cabinet, anthropological studies developed by Funai and that serve as a basis for administrative proceedings to commit the demarcations of Indian lands, created a legal uncertainty for the interests of indigenous peoples in Brazil.

The decision of the Civil House of the Presidency of the Republic presented to agribusiness and parliamentary representatives of Mato Grosso do Sul, in a meeting last week in Brasilia, that Embrapa, Ministério da Agricultura, Pecuária e Abastecimento, Ministry of agricultural development, “evaluate and give contributions to anthropological studies made by Funai, repeats the last military Government action to set up the infamous” group “of MIRAD, led by general Venturini, to “discipline” the Funai and “assess” the indigenous demands.

The path to a demarcation of indigenous land today is complex and despite the Decree 1,775/96 (from mining Minister Nelson Jobim) provide contradictory at all stages of the administrative procedure, this process stumbles in court from the simple appointment by Funai, the technical group responsible for identifying an indigenous land. And judicialization is full of mishaps and legal injunctions antics in the service of preventing, even absurd, such as the Complaint 8070 (on the Raposa Serra do Sol indigenous land), which took time and work of judges. Judicial delay mechanisms that push the solution of conflicts for decades have the constitutional obligation to complete the demarcations Union until five years after the promulgation of the Constitution of 1988.

The process of land terenas, where has just been murdered by the Federal Police the Indian Prince Gabriel of 35 years, reached the SUPREME COURT after 13 years of processing and to achieve as high instance of the Brazilian judiciary, with adoption in plenary, where we examined the documents before the Court the evidence on each side involved joined in all these years of courts, returns to justice of Mato Grosso do Sul, to new skills and make a loop to do not solve the problem. Will be starting from scratch?

The proposal of the Minister Gleisi Hoffmann introduces a new escape route to contradictory legal creation. Is another mechanism that facilitates the generation of new legal impediments by the agribusiness, providing that the demarcation of land action, continue circulating in justice. Now, also with questions based on contra-laudos and reviews of sectors of the State and whose interests are distinct from indigenous interests, represented constitutionally by Funai, through anthropological reports approved by the Ministry of Justice to the questions of demarcation of their lands.

The measure reaches the studies already approved by the Ministry of Justice, those awaiting approval and the ongoing and also opens possibilities for questioning in Court of already demarcated land, promoting a legal uncertainty, which of course is felt by all indigenous peoples involved in territorial disputes and sectors of society that accompany and act in this problem.

With it is evident the responsibility of Minister Gleisi Hoffmann by radicalisation of tension in Mato Grosso do Sul and that reaches other people from other States. The Government errs when choosing to deal with the problem by way of delay and dismantle the constitutional functions of Funai, prioritizing aspects of economic and electoral development in relation to indigenous rights. Attentive to human rights and creates more tension in indigenous conflict.

In Mato Grosso do Sul does not resolve the demarcation of indigenous lands is one of several low-intensity wars that we live in our country. Are hundreds of thousands of people affected and the change of rite of processing of the demarcation of indigenous lands, opening to the query and appreciation the anthropological reports produced by Funai to antagonistic sectors the distinction, unlike what you think the Civil Cabinet, will only bring more indigenous resistance and more conflicts.

These people live in permanent conflict with the development of our society for many decades, in 1908 an area of a million acres is leased for a mate, as if there were no Indians, 1955 there was a CPI to investigate the illegal appropriation of their lands by large figures of Mato Grosso policy, in 1965 an IPM is established to investigate the theft of indigenous landsin 1968 the Figueiredo Report [read it here], recently located, numerous violence and esbulhos of their land and income, documents that play light on conflicts that creep for decades, causing suffering and pain in one of the largest indigenous populations of Brazil.

In a country in which crawl on the right of access to public information, whose law was passed along with the that created the National Commission of truth, where many documents remain hidden, out of cataloging and therefore of public access, the hypothesis that demarcated lands can no longer be subject to magnification is antagonistic attitude when you live in the Brazilian society of search for truth and memory, justice, redress and non-repeating.

Transitional justice, which we call for the dead and missing, affected by political torture, persecuted by the dictatorship of 64, also reaches the Brazilian indigenous peoples. In their vast majority were persecuted, have suffered attacks, assassinations, murders, massacres, but also suffered torture, arrests, disappearances, forced removals, enslavement and today such violations are an object of study by the National Commission of truth.

The  Figueiredo Report, disappeared by 45 years, contains the testimony given by the head of the Regional Inspectorate of the Indian protection service from Campo Grande to Attorney Don de Figueiredo Correia, President of the Commission of investigation of the Ministry of the Interior, where points of Governors names, senators, federal and state deputies, judges and others who illegally took possession of indigenous lands in the State of Mato Grosso.

The indigenous question will give the size of the ruler who will point the democratic evolution of our society, which is between recognizing the mistakes made by the State, change rights of these people, repairing pipelines and develop non-repeating mechanisms or follow the course of judicial delays and setbacks in human rights with the return of murders, and misuse of power and censorship.

In the past many crimes were committed in the name of development and national security law, today such practices are hiding behind a discourse on the need for “good governance” and a “Government in dispute”, but in practice the crimes remain the same, change the actors and not move forward in changing these pipelines in the State, generating mechanisms of respect to citizens and guarantee their rights.




Anivaldo Padilha – membro do Konoinia, Presença Ecumênica e Serviço

Dalmo Dallari – jurista e membro da Comissão Justiça e Paz da Arquidiocese de São Paulo

Gilberto Azanha – antropólogo e coordenador do Centro de Trabalho Indigenista

Marcelo Zelic – vice-presidente do Grupo Tortura Nunca Mais-SP e membro da Comissão Justiça e Paz da Arquidiocese de SP

Roberto Monte – membro do Centro de Direitos Humanos e Memória Popular do Rio Grande do Norte



The  Figueiredo Report( http://www.scribd.com/doc/145557905/Depo-i-Men-to-Helio-Jorge-Buck-Er )



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