Serious threats to Brazils Indigenous
Newspaper GGN–Professor and Human rights activist, Pedro Pulzatto Peruzzo, signs article on Justifying on the dramatic situation of the indigenous peoples on the prosecution of farmers in Mato Grosso do Sul and southern Bahia.
“Some criminals (as threat is a crime under article 147 of the Penal Code) are asserting in media that when the President Dilma is away from the Office will occur a series of attacks on Indian villages in order to assassinate leaders and oppress the resumption of traditional lands.”
The complaint of a lawyer about the plight of the indigenous front of prosecution of farmers
By Pedro Pulzatto Peruzzo
The reason of this text is a series of threats that farmers of Mato Grosso do Sul, and also in southern Bahia, have done against the indigenous people who live in those States. Some criminals (as threat is a crime under article 147 of the Penal Code) are asserting in media that when the President Dilma is away from the Office will occur a series of attacks on Indian villages in order to assassinate leaders and oppress the resumption of traditional lands. These reports have reached me through letters and messages of indigenous leaders of these States and through the Indigenous Core of the Institute of Geosciences of the University of São Paulo . Understanding the history of oppression and resistance against indigenous peoples in Brazil is, therefore, crucial to understand the seriousness of these threats.
I also want to register, just not to lose the opportunity, the strategy of fear and oppression of popular movements in the context of impeachment has been used with increasing frequency by the State through the public security forces, for registering the case of the military police of the State of São Paulo, which has made images of cell phone after smaller approaches (offenders , suspects or not suspects) and, in some cases, been circulating these pictures in private lists of whatsapp. In addition, many teenagers of the periphery have been subpoenaed to give testimony in police stations without any justification, many times just for having taken part in any street rally. Finally, lawyers are presenting popular cellular noise, the battery discharges with a short time of use, the internet goes down all the time, which draws attention to the possibility that we’re all wired to the worst style Sérgio Live.
The dismissal of the President of the Republic, therefore, will be used as an alibi for the perpetration of systematic lawlessness against excluded groups and popular movements and this text is, not without fear, an announcement that we’re watching these atrocities that are being announced and until they destroy completely our freedom of communication, the internet will continue to be used for us to denounce the disobedience of these criminals whose destructive impulses and selfish were repressed by the public policies geared to the poorest for the past few years and that now touches on with vigor and aggressiveness against the corrupt, but against the poorest who never actively participated in the exercise of any political power in Brazil and which has always been victims of corruption.
The story of the relationship between the European colonial and indigenous people was marked by a specific form of approximation, pervaded sometimes fictionalized processes or, in most cases, violent. Initially, when the Portuguese arrived, the people who lived here were classified as naive, simple and therefore ready to be converted to the Catholic religion.
This, incidentally, is one of the points that most mark the letter of Pero Vaz de Caminha. The enchantment with the ingenuity and likely ease of conversion of native peoples with whom the Portuguese had the first contact, as well as the mix of Enchantment and estrangement in relation to the nudity of these people is the face and the color of violence and slavery that have undergone indigenous peoples in Brazil and in Latin America. There are many passages in which Walks analyzes the genitals of men and women with picturesque and detailed reports that would be presented to the King.
There were among them three or four young women, well ladies and very kind, with very long black hair by the shoulders, and their shame so high, so cerradinhas and so clean the wigs that, of the very well look, we didn’t have any shame. (…) And one of those ladies was all dyed, from low to top that dye; and right was so well-done and so round, and their shame (which she didn’t) so graceful, that many women of our Earth, seeing him such features, had shame for failing their as she. 
The exchange of sick objects (for wood, gold and other natural assets; for other mirrors and diseases) were just one of the ways in which the Portuguese came and defiled with their illnesses and their vices traditional peoples. As early as 1562 the Padre Anchieta reported the death of 30,000 slaves and Indians for diseases:
In the same year of 1562, by righteous judgments of God, behold a great disease to the Indians and slaves from the Portuguese, and with this great famine, in which many people died (485), and those who were alive many sold and would stick by the Portuguese to make slaves, selling for a plate of flour (486), and others said to put ferretes, who wanted to be slaves: there was so much death this Gentile, who claimed that between slaves and Indians die 30,000 liners within 2 or 3 months. 
There were, however, these contacts of “many others who were with girls and women“ , which began the process of Constitution of the racially mixed Brazilian people, before it can be claimed only as a cute, colorful and Rico, deserves to be seen with the crudeness of the reality of rape and sexual abuse of children, adolescents and women that have marked these contacts between colonisers and colonized sayings sayings. This relationship was repeated during the civil-military dictatorship brazilian and even today is common practice of imposition of fear in indigenous communities that are fighting against illegitimate invaders of their lands .
Secondly, when there were no more doubts about the existence of wealth (gold, silver, wood, Earth), the Division of the territory into hereditary captaincies and the beginning of the economic exploitation of the colony added the attempt of enslavement of the Indians. The enslavement was the other side of the coin. The form etnocentrada as the colonizer via traditional practices of some indigenous peoples not only made reports of the colonizers were features of certain people as General marks all indigenous peoples (cannibalism), but also gave rise to ambiguous speeches that put in doubt the predisposition of the Indians to catechesis.
Even with Christian interests at stake, the economic exploitation of Brazil occurred and still occurs at the expense of the lives of indigenous cultures, and also of slavery to which they were subjected blacks and the economic structure of the country. The colonial mode of production used indiscriminately the slave labor of Indians and blacks and was responsible for a process of expropriation of traditional indigenous lands that came to consolidate in the mid 1940 with the colonization of the West of the country and consummate with the civil-military dictatorship, which it instructed to develop as State policy the land grab the torture and murder of indigenous peoples.
In the Decade of 1940, Getúlio Vargas initiated a federal policy of exploitation and occupation of the Midwest by settlers who became known as the “March West“, by contacting indigenous people who were isolated and favoring the invasion and titling of indigenous lands, strengthening a policy which at the time was already adopted by several State Governments.
Between 1930 and 1960, the Government of the State of Paraná headlines indigenous lands for colonization companies and individuals in the West of the State. The Government of Moysés Lupion, in particular distinguished themselves by spoliation of indigenous lands. The economic interests of owners were represented at the local bodies to press the advance of the agricultural frontier on indigenous areas. In 1958, members of the Legislative Assembly of Mato Grosso have adopted the Bill n° 1,077, which made Dole the lands of the Kadiweu Indians. In 1961, the Supreme Court decides the unconstitutionality of the law, but, at this point, was established the invasion, since the land had already been batched (Raj, 1962, pp. 108–112). In addition to the raids themselves, were common land leases that not obeyed the conditions of the contract – when this was – occupying huge tracts of indigenous lands; and in some cases, accommodation situation of irregularities (conducted invasions and later legalized by the SPI through lease agreements). 
Systematic performance of the Brazilian State in violation of indigenous territorial rights allegedly direct affront to the Constitution, since the Constitution of 1934 these rights on the lands were granted to the indigenous peoples. The Constitution of 1934 in art 129: “will be respected the possession of forestry lands that they find. permanently located, being them, however, sealed alienate them. “ The Constitution of 1937 in art. 154: “will be respected to forestry ownership of the lands in which they find located on a permanent basis, being them, however, prohibited the sale of the same.“ The Constitution of 1946 in art. 216: “will be respected to forestry ownership of the lands where they find permanently located, not the transfer.“ The 1967 Constitution in art. 186: “is provided to permanent ownership of land forest inhabiting and recognized the right to the exclusive use of natural resources and of all utilities on them.“ The constitutional amendment of 1969 in art. 198: “the lands inhabited by forestry are inalienable under federal law to determine, they and their permanent possession and getting recognized its right to the exclusive use of natural riches and all the utilities on them.“
At the time, were issued official statements that there existed fraud Indios in the areas of particular interest and, to get ownership of these areas and make real the extinction of indigenous people on paper, companies and individuals have undertaken actions to the extinction of indigenous peoples, going so far as to offer food poisoned, causing purposeful contagions, abductions of children and killings with firearms.
The most dramatic of the violations committed against the wide strap became known as the Massacre of 11. In October 1963, was organized an expedition, planned by Francisco Amorim de Brito, in charge of the company, Junqueira and Cia. Ltda., in order to verify the existence of precious minerals in the Juruena River region. The expedition was commanded by Francisco Luís de Souza, better known as Chico gunman Louis. The massacre began when a group wide strap was building his maloca and Ataíde Pereira dos Santos, professional gunman, shot a. Then Chico Louis shooter from the Indians who were trying to escape. The gunmen still have found a woman and a child living wide strap. Chico Louis shot him in the head of the child, tied the woman legs upside down and, with a knife, cut the pubic Ramus toward the head, almost leaving the woman in half. 
From the Decade of 1950 there were several conflicts between the people and the wide strap rubber tappers and also with mining companies and colonization in the region. It is estimated that wide belt 5 1000 were killed by food poisoning with arsenic, planes that throwing toys contaminated with influenza, measles and smallpox, as well as ambushes, murders in which their villages were dynamited or gunmen, always having as background the proposed occupation of indigenous lands, in apparent affront to the Constitution in force at the time.
The southern Mato Grosso do Sul, historically occupied by the guarani language groups was largely granted in rent to the Cia. Matte orange blossom in the late 19th century and was the scene of the murders of indigenous settlers, under Government incentive Vargas (to the West), if you have to colonize the region in 40 years. Beyond the confinement of people in reserves created by the State, the expulsion of indigenous people usually involved burning the houses, beatings and murders.
The contagion of indigenous people recklessness and negligence in moments of contact unfortunately is not exceeded, even in the 21st century. In news conveyed by Survival International, on 20 April 2015, it was announced that Jakarewyj, a woman among the three Awá Indians newly contacted groups – the most endangered in the world community, contracted severe flu and lung disease after his group had been “surrounded by loggers“ and contacted in December 2014 by a community Awá seated. “Since then, this woman’s health deteriorated rapidly and she is confused and with a emaciada appearance.  “
After the military coup many indigenous leaders were murdered and many others were displaced to distant places to their villages with the clear purpose of disposing of the resistance movements (which always existed since the revolution of the Tamoios, in the 16th century). In the year of 1968 was edited the AI-5, which marked the beginning of an even more aggressive indigenous policy, adding, in addition to the practices listed for expropriation of indigenous lands, systematic persecution leaderships, including the creation of prisons for Indians.
The National Integration Plan (NIP), created by Decree Law 1,106 of 16 June 1970, had the specific purpose of financing the infrastructure plan in the regions included in the areas of the supervision of the development of the Northeast (SUDENE) and supervision of the development of the Amazon (SUDAM), promoting faster integration into the national economy (article 1) the first stage of the envisaged construction immediately PIN the trans-Amazon Highway and Cuiabá–Santarém (article 2). The PIN provided the stimulus to the occupation of the Amazon, which at the time was regarded as a major population and economic vacuum, ignoring for the existence of indigenous peoples living in socially and economically sustainable way in the region.
The idea of integration rests on opening of roads, particularly the Transamazon Highway and BR 163, from Cuiabá to Santarém, in addition to the BR 174, 210 and 374. The goal was to settle some 100 1000 families along the roads, in more than 2 million square kilometres of land expropriated. At the time, the Minister of the Interior was the military man and politician José Costa Cavalcanti, one of the signatories of the AI-5, which would be in charge of 1969 until 1974, backed by Costa e Silva (who had helped to ascend the President) and Medici. Costa Cavalcanti himself declares that the trans-Amazon highway would cut 29 ethnic indigenous lands, being 11 isolated groups and nine intermittent contact – leading in forced removals. To achieve such a program, Funai, then led by general flag of Mello, signed an agreement with the Superintendency of development of the Amazon (Sudam) for the “pacification of 30 uncontacted indigenous groups“ and became the executor of a policy of contact, attraction and removal of Indians from their territory for the benefit of the roads and of colonization. 
The “pacification“ was a systematic process of violation of rights (as still occurs today in the favelas of Rio de Janeiro, for example), rather driven by the idea of integration, which in 1973 was positivada in the Brazilian legal system in article 1 of the Indian Statute (Law 6,001/73). Integrate meant indigenous away from their traditional way of life, way of life that was considered an obstacle to progress, and use it as cheap labor or slave. In a speech of January 1976, the Minister of Interior Maurice Rangel Kings (Government of Ernesto Geisel) let that feeling quite clear: “the Indians cannot prevent the passage of progress (…) within 10 to 20 years there will be no more Indians in Brazil. “ 
In the report the following still on Forbes the SPI:
It is amazing that there is in the country’s administrative structure breakdown there is down to so low standards of decency. And that there are civil servants, whose bestiality has reached such refinement of perversity. Sold indefensas children to serve the instincts of ruthless individuals. Torture against children and adults, in slow times, the monstrous title to administer justice.
To mask the ugliness of these acts invoked–if the sentence of a captain or a tribal police, one and another consisting of and handled by staff, who followed religiously orientation and complied with orders. 
The killing is not yet consummated, because since there’s always been resistance from the indigenous peoples. The fear now is that these threats to farmers increase even more criminals the number of murders against indigenous, that between 2002 and 2010 has had an increase of 48%, according to the map of violence – the color of Murder in Brazil , of 2012.
After the AI-5 and under the direct command of generals Costa Cavalcanti (Interior Minister) and flag of Melo (President of Funai), who controlled the indigenous policy in 1969, was created an official chain replacing the existing illegal chain in Sao Paulo under the responsibility of Ajudância Mines–Bahia, under the command of Captain Manoel Pine, military connected to the military police of Minas Gerais. About the illegal incarceration of indigenous people (very common practice in Brazil, here registering the recent arrest of Cacique Babau), is also quite enlightening statement from Honorius Benitez regarding the violence to which they were subjected in the Guarani Indian reservations of Hoses and Snake River:
–Snake River there was jail?
Had. The jail was closed so there was closed as well. The other day took, gave a xicrinha of coffee, and come back again in the fourth. Two days had to be there. And when he was doing two days you go out there, you had to work for his farm [...]. Who didn’t show up for work, who didn’t make the service was going to jail [...]. Had a meal like that, but in prison you know what’s right. I’d give a little something to eat and stayed there.
–You went to the trunk?
No, I wasn’t. Who went to the trunk was my brother, and another nephew [...]. The trunk was two Woods like this [shows with fingers]. Two pieces. It opens here and close here, then you put five minutes and the vein of blood just gets stuffed. So that’s why I know two Indians died. So everything that we saw, up close …
At this moment it is up to register an important fact for the process of democratization of Brazil, that is express reference, even today, the Institutional Act No. 5 in Decree-Law 69/667, reorganization of the military police and the Military Firefighters Corps of the States, Territories and the Federal District, and other matters. This decree–law remains in force, as well as the reference to AI–5. This nonsense repeats in State decree laws as Decree-Law 217/70 in the State of São Paulo, highlighting a central problem for training and for the orientation of the actions of the military police in Brazil.
From the AI-5 was a hardening of the indigenous policy and the repression of indigenous political movement that organized to deal with the context of the military dictatorship. With the edition of the Decree No. 66,882/70, Funai formally incorporated the activities of security and intelligence advice to its organizational structure, through a “security section and Information“, which was linked to the security and Intelligence Division (ISD) of the Ministry of the Interior. In 1975, was published by Ordinance No. 239, the internal regulation of the safety Advice and information (ASI-Funai), as it is now called, regulating its aims and linking the adequacy of Funai to doctrine of national security, creating a climate of constant persecution.
Indigenous leaders and their supporters are monitored through this intelligence, which mapped and described the activities that I thought “subversive“ or “agitators“, with particular attention to the CIMI, whose members were often taxed “Communists“ and had his tenure or indigenous lands ticket denied by the tutor. Researchers who pleaded to the ticket in indigenous lands have been given your requests are evaluated on the basis of the analysis of its policy guidelines. Funai officials that fomentavam or attend meetings on indigenous rights or which were regarded as suspects by their policy guidelines also be monitored and prosecuted. In all these cases, the constant concern with the coverup of criticism of the policy conceived by the Agency was the main tonic. 
Today exists in Mato Grosso do Sul a CPI to investigate the actions of the CIMI, highlighting the continuity and strengthening of political persecution. The CPI of the CIMI indigenous peoples are being prevented from testifying in the mother tongue, although the Convention 169 of the ILO (5,051 Decree/04) say expressly in article 12: “measures should be adopted to ensure that members of these peoples can understand and do understand in legal procedures, making it easier for them, if necessary, interpreters or other effective means.“
The agrarian conflicts and murders of indigenous peoples is due to omission of direct Brazilian State on demarcation of their land, since article 67 the ADCT says explicitly that the demarcations were supposed to have been completed until 1993. On 29 June 2015 the Federal Prosecutor assigned to the Ministry of Justice responsibility for the deterioration of the land conflicts involving indigenous lands in Mato Grosso do Sul. In a statement, the MPF registered that the omission of the Ministry of Justice to demarcate lands in Mato Grosso do Sul (known as the Gaza Strip brazilian) and the delay in authorizing the presence of the national force in the areas of conflict are the main aggravating to the climate of tension in the region.
Responsibility for the land conflict is all of the Ministry of Justice. The demarcatório process of indigenous areas in MS, fruit of a TAC between Funai and MPF, is paralyzed from mid-2013, with the establishment of the negotiating table by the Ministry. Such table did not advance in resolving any of the dozens of areas in dispute in the State between Indians and farmers, and even paralyzed the study for identification of other areas. As for the conflict in Ambá, Kurusu PF even aware of the potentially violent situation since Monday (22), all attended the scene after the clash of the day 24. The National Force was authorised by MJ on area on Wednesday (25) at 7:00 pm, just after the conflict. The Ministry of Justice acts with serious omission, disregarding the constitutional rights of indigenous peoples. 
It is worth noting that despite the important advances enshrined in the Constitution of 1988, still today the speech of “a cultured Indian“ remains alive in civil society and State organs. In the process of repossession of the Indian village of Jaraguá , the author of the repossession action 0028364–20.2005.4.03.6100, pending in Federal Court of Sao Paulo, the former constituent Tito Costa, said in his petition on the indigenous Guarani that: “(…) are ridiculously costumed invaders with a cow’s head and bow and arrow (…) “. This film and folk understanding of indigenous peoples is a consequence of the absence of public policies of education for diversity and respect.
Prejudice, discrimination, murders, rapes, torture, genocide, extermination camps are historically charged crimes against indigenous peoples in Brazil and they have been resumed in these speeches criminals of farmers who did not understand the content of paragraph 6 of article 231 of the Constitution, which says that “are null and extinct, not producing legal effects, the acts which have as their object the occupation, the domain and the ownership of the lands traditionally occupied by the Indians“. In a historic moment, as described above, the Brazilian State has granted titles to Indian lands irregular, that just reinforces the right of indigenous peoples to regain their land.
The right to resistance against oppression received forecast expressed in article 2 of the Declaration of rights of man and of the citizen of 1789, in the following terms: “the aim of all political association is the conservation of the natural and imprescriptible rights of man. These rights are liberty, property, security and resistance to oppression. “ This right also appeared in article 23 explicitly French 1793 Declaration, namely: “resistance to oppression is the consequence of other men’s rights.“ Finally, vale registrar there is the guarantee of this right also in the basic law for the Federal Republic of Germany (Grundgesetz):
Article 20 [Constitutional Principles–Right of resistance] (1) the Federal Republic of Germany is a democratic and social federal State. (2) All State power emanates from the people. It is exercised by the people through elections and votings and through special organs of legislative, Executive and judicial powers. (3) the legislature is submitted to constitutional order; the Executive and judiciary obey the law and to the right. (4) Against anyone who tries to subvert this order, all Germans have the right to resistance, when there is no other alternative.
Although there is no express forecast this right in the Constitution of 1988, is a logical consequence that it stems from the regime and from the principles adopted by it, in terms of what has your paragraph 2 of article 5. The right to resistance of the natives against the State (which combines the interests of big business) and against the invaders of their lands (the farmers with illegal titles) is fundamental to the exercise of citizenship and political participation, as without that right indigenous peoples get stuck to a restricted set of possibilities. The resumed of land cannot be criminalized in Brazil and if a farmer wants to claim their rights, to do so against the State that granted irregular titles, and not against the indigenous people who lived in these lands long before the arrival of the rapists Walking companions.
We denounce the threats made against indigenous peoples and we recorded that the 116 Human Rights Commission Subsection of OAB/SP (Jabaquara) sent e-mail to all the Subsections of OAB/MS requesting support to mediate and prevent the violence that is being openly advertised.
Pedro Pulzatto Peruzzo‘s lawyer, professor at PUC–Campinas and Director of the Human Rights Commission of OAB–Jabaquara.