The CEF says that land is no social interest of the federal government’s housing program. Justice keeps repossession. (The photo above is authored by Alberto Cesar Araujo / AmReal)
Elaíze Farias and Andrezza Trajan, the Real Amazon
In the 1980s, when he began the migration of Indians from the Amazon interior villages to Manaus in search of study, health and treatment work, the Indian couple João Diniz Albuquerque, the Baré people, and Raimunda da Ribeiro Cruz, ethnicity Kokama, came from the Middle Solimões River region, near the city of Tefé, in the western state.
No place to live in the big city, the couple and their children moved first to the surroundings of the BR-174 highway, which connects the Amazon to Roraima. Then the family occupied a strip of land outside the Tarumã-Açu river in the west of Manaus. This land was consolidated as the Christ the King community.
His Diniz died in 2004 aged 55 years old. From 2012 the family began to occupy the old scuffed of Christ the King community. In this area, in 2014, was founded the Tribes Park community, home to around 132 families (about 660 people) of 30 ethnic groups. Among the ethnic groups are Apurinã Baré, Mura, Kokama, Karapano, Tikuna, Miranha, Wanano, Sateré-Mawé, Tukano and Tupinambá – the latter group from a village in Bahia.
Raimunda, now 75, said in an interview with Real Amazon who lived through the history of the origin of communities Christ the King and Tribes Park.
“A man, now deceased and who also had land in Tarumã region, told my husband that this area [of Christ the King / Tribes Park] had no owner, because the owner had passed away 25 years ago and everything was abandoned . And as my husband enjoyed working with agriculture, he [the Lord] said to my husband: ‘go and touch, do your homework and go to live there, zele for what will be his,’ “says Raimunda Kokama.
The plot of 1, 4 million square meters where is the Tribes Park community is the target of a legal dispute and property speculation. Last July 4, Judge Carlos Moreira Alves, the Federal Regional Court of the 1st. Region in Brasilia, rejected an application by the Federal Attorney, representing the National Indian Foundation (Funai), to suspend the reinstatement decision of possession of lands occupied by Indians determined by Judge Marilia Gurgel, the 3rd Federal Court in 2015 .
The repossession court serves the entrepreneur action Hélio Carlos D’Carli, which belongs to a traditional family of politicians and Manaus traders. He says he is the owner of the property where the Indians founded the Tribes Park. In action, the businessman claims that the land “invaded by the Indians in June 2014 will be sold to the Federal Savings Bank, intended for the program Minha Casa, Minha Vida the federal government. “
The Real Amazon sought Caixa Econômica Federal, and to our surprise, the bank denied that is currently in the process of acquisition of the entrepreneur Helio D’Carli property. “The case makes clear that the agreement was not honored, among other reasons, due to the land being located in an area not intended for social housing (AEIS) as Master Plan of the Manaus City Hall. Box points out that there are other areas in the locality analysis [ie in the field of D’Carli], “said the press box.
On appeal dismissed by Judge Carlos Moreira Alves, Funai challenged the legitimacy of Hélio Carlos D’Carli property and requested the withdrawal of repossession. In the decision, the judge said “indefiro the election [the suspension of reintegration] not identify elements that remove the land invasion of alien character evidenced in demand (…). There is no room for questions about the legitimacy of ownership of the property title, which obviously does not serve to disfigure the possessory dispossession [usurpation of crime]. “
Judge Marilia Gurgel decided to repossession of the Tribes Park on November 12, 2015, attending an action Hélio Carlos D’Carli in which he says it will sell the land for cash. In the decision, she says the disorderly occupation of indigenous “with construction of illegal improvements caused damage to the area of deforestation without authorization / environmental licensing and compliance with environmental legislation for both, should be adopted, WITH PRIORITY (sic), measures to repossession “.
The repossession decision brought a climate of tension and insecurity to families Tribes Park. The report of the Royal Amazon visited the community. The indigenous people live in precarious social conditions, without access to basic rights (such as water and energy) and make their living almost exclusively on social programs.
Raimunda Kokama is very concerned about the possible repossession in favor of the entrepreneur Helio D’Carli. It charges Funai regularization of land. “I’m worried so much about my blood relatives as with others. I worry about those without decent housing, their piece of ground, “he said.
On April 18, 2016, Judge Marilia Gurgel had suspended repossession Tribes of the Park community, which brought a certain calm. She granted a period of 30 days for the Federal Public Ministry to present a solution to the question, “under penalty of continuation of reintegration measures.” The deadline has expired and the magistrate has not released a new decision, which leaves the indigenous apprehensive.
The federal prosecutor Bruno Arruda, the Attorney General’s Office (AGU), which tracks the judicial process Tribes Park representing Funai, said appeal further against repossession in TRF1, since the decision of Judge Carlos Moreira Alves it was monocratic. “The Attorney General’s Office may file an appeal to expedite the decision on the TRF1 class. But this can only be done by the Regional Prosecutor’s Office. When we filed the application for suspension [reintegration] was expecting the judge to abide by the effect. By a decision of his own, rapporteur, “said the prosecutor.
The strip of land Tribes of the park community is on the outskirts of a large area, the City of Lights, which has been occupied by non-indigenous families and indigenous and underwent a major repossession in December 2015, for determining the Specialized Court on Environment and Agrarian Question of Justice of Amazonas. Thus the voltage in this region. In other action, the Civil Police held in the City of Lights operation “Blackout”, and arrested seven Indians. In other work, the Paxiubau, the Indian Anderson Rodrigues de Souza, 30, of Mura ethnicity, was killed by a shot fired by a policeman.
Title is from the early 20th century
The Department of Land Policy (SPF) of Amazonas government says the land the tribes of the Park “were detached from the state public property and titled in favor of Francisco Gonçalves de Amorim, on 12.01.1903.” “How a particular area, it is outside the jurisdiction of the SPF. It is up to the registries of real estate records follow your break up. “
The SPF says he does not know whether it Francisco Amorim Gonçalves acquired the Amazonas government land or another vendor.
Supervision of the National Institute of Colonization and Agrarian Reform (Incra) was also wanted by Real Amazon to clarify the dominial chain of the property, but did not respond to questions sent.
The report sought businessman Hélio Carlos D’Carli to talk if you purchased the estate of the land of Francisco Gonçalves de Amorim, but he did not respond to an interview request. His son, Hélio D`Carli Son, attended one of the links and asked that questions be sent by e-mail, but did not respond yet. The family’s lawyer, John Carlos Bezerra da Silva, was not found to talk about the lawsuit.
Lawyer denounces police action
The lawyer Danielle Delgado Gonçalves, who is responsible for defending the inhabitants of the Tribes Park community and is chairman of the Defence Special Committee on Order of the Indigenous Peoples of Lawyers of Brazil in the Amazon, says that in addition to the instability caused by the legal dispute, alleged actions police have frightened residents of the community.
“What has been constantly are illegal actions by a group of military police on the grounds of compliance with court order at this time, there is,” she said.
On these actions, the lawyer states that have officially registered with the competent organs, such as prosecutors and Internal Affairs of the Military Police, so that the possible perpetrators are penalized. She has also prepared remedial actions against the state of Amazonas.
On the morning of March 03 this year, the chief Messiah Kokama denounced the agency Real Amazon that military police expelled at least 80 indigenous families in an area also of interest to the entrepreneur Helio D’Carli, which is called the Tribes Park 2. This area borders on the land area already reintegrated called City of Lights, which is a Permanent Protection area (APP) of Manaus City Hall.
According to the chief Messiah Kokama, the police did not have judicial notice of repossession. “With tractors, the police destroyed the shacks of families,” he said.
Another suspected PM action, according to the chief Messiah Kokama, took place on March 1, when police allegedly threatened the indigenous tribes of the Park 2. “Some shacks were set on fire.” The Tribes 2 Park is an area adjacent to the park tribes.
The Real Amazon sought the press office of the Command of the Rounds Chichi Cândido Mariano (Rocam), the Military Police of Amazonas. The command confirmed that “there was, on 03 March this year, a continuation of repossession on the ground of the City of Lights in Tarumã, neighborhood in the west of the capital,” and denied that the action happened in Tribes Park 2, as stated by the Indians.
According to Rocam, the area of the City of Lights was vacated by court order in 2015. “It [the City] target of an ongoing police operation and can not be invaded, however, between 10 and 15 families were already in place, therefore, given once again fulfilling the withdrawal of the invaders, who left peacefully and without resistance, “the PM of the note.
The command of Rocam says Maj Paulo Emílio, responsible for the action in the City of Lights, denied “aggression or expulsion of indigenous tribes living in the Park community 2.”
“The limit was respected, because the area where they are located is federal and has no competence to perform any acts as mentioned in the complaint are therefore untrue,” the statement said, clarifying that “any complaints are formally recorded and all will be cleared by the relevant sector, “he said.
In an interview to the report, Judge Adalberto Carim, holder of the Special Court in Environment and Agrarian Question, said he was unaware of the action of the military police on March 3 this year the boundaries between occupations Tribes Park and the City of Lights.
“It did not leave any categorical ruling in this regard. I would have to say that it was a court order that would have to be done on Tribes Park. But there is no determination my accordingly. My determination adhered to the City of Lights within the geographic coordinates that were outlined in the procedure, “Carim said.
Asked if the action of the day March 3 could have been a continuation of the operation which took place in December in the City of Lights, as stated by the Rocam, the judge also denied. “The PM probably should have a demonstration or a request to act in a certain operation, but it did not come out here,” said Judge Adalberto Carim.
What say public agencies?
The federal prosecutor Bruno Arruda acts in the case of Tribes Park representing Funai. He says there is “very serious indications of irregularities in the field of title underlying the filing of possessors action,” the land which the entrepreneur Helio D’Carli says it’s owner.
Member of Agrarian Matters Section, Environmental and Indigenous AGU, Arruda has sustained in the process, since it could express its views after the annulment of the first decision of reintegration, that there are flaws in the registration that the authors present as the property.
“Funai said it is necessary that they [the plaintiffs] presented the complete chain dominial registration [document certifying title to] provided the highlight of the source of public property. The registration of authors obligation violates the Law of Public Records indicate the previous record number, violating the principle of continuity of the record, and bring conflicting information as to the origin of his own registration, “said Attorney to Real Amazon .
For this reason, as Bruno Arruda, Funai asked the Federation Regional Court of the 1st Region (TRF) with the Department of Land Policy of the Amazon to manifest on the incidence of other registrations over the same area. The request is part of an interlocutory appeal which was dismissed by Judge Carlos Moreira Alves on March 4.
The prosecutor noted that the overlapping enrollment had already been raised in the process by federal prosecutors, and Funai itself demonstrated that the plaintiffs did not exercise possession of the property because the area was abandoned since it was acquired by them in 1997. However, these claims were not included in the decisions of the Federal Amazonas Justice determined the repossession.
“Both were abandoned which was occupied by hundreds of people. The authors establish ownership in the property title presented and the claim that they were negotiating the sale of the property to the Caixa Economica Federal, for My House, My Life program. But Funai has shown that this was not possible because, in the property registration, presented by the authors, contains a real encumbrance in favor of third parties. In short, the property was mortgaged in favor of another person. How does the Savings Bank would buy a property like that? “Asks Arruda.
The prosecutor explained that, despite all these arguments, the judge of the 3rd Federal Court dismissed the claims of Funai, and pushed the discussion of vices in property title based on the distinction between possession and ownership. “The judge said he could not discuss matters relating to the field in a possessory action and held that the negotiation with the Federal Savings Bank would be a proof of the author’s possession [of action].”
For Funai and the Federal Prosecutor, there is no urgency for the eviction of indigenous families, when considering that the area was abandoned for almost 20 years.
“Funai also highlights the temerity to evict these families based on a poor decision and as an area that most likely is the result of an irregular acquisition by the authors. There is a risk of conflict, human rights violations and even death of people, given what happened in the City of Lights [next occupation of the Tribes Park that went through reintegration]. Disposal must be the last action to be taken, “he argues.
“If the authors did not bother to leave the abandoned property since 1997, there is no reason to hurry now.”
The Real Amazon tried to talk to the Funai coordinator in Manaus, Edivaldo Oliveira, so he could answer about the agency’s role in the case, but he was not found and returned or contacts.
Defender questioned ownership
The Union Public Defender (DPU) also acts in defense of indigenous families in repossession action, as well as the Federal Attorney asks the property title of legitimacy.
The public defender Pedro Rennó Marinho told Real Amazon that there is an effort to prevent the indigenous families are removed from the area.
“The DPU acts extrajudicially in the negotiations of the bodies involved in the May meeting to seek a consensual solution to the maintenance of the population in the site or in the latter case, its worth forwarding to another space, where it can be assured all protection constitutional you are entitled to, “he said.
Marino said the injunction repossession is suspended on the strengthening of the author illegitimacy thesis by the Amazon state of manifestation.
“We will seek confirmation of this illegitimacy, and negotiate with the state the possibility of maintenance of residents in place,” said public defender.
The Federal Ministry also says seek understanding in this regard, reported the agency Real Amazon . In a statement, he said defending in court the repossession or, at least, the relocation of families to appropriate area, as well as compliance with the Manual of the National Agrarian Ombudsman in relation to the occupation Tribes Park.
On May 4 this year, the MPF met with several state agencies and the Union to address the issue. Wanted to report on the issues addressed, the MPF said through his press office, at the meeting were set some referrals, including information on the ownership status of the area occupied by the community housing projects in the municipality in progress and the public attended. Still was informed of the registered families, list of registered beneficiaries by the Superintendency of Amazon House (Suhab) and housing projects for the city of Manaus and surrounding areas, possible areas for relocation of families in the BR-319 area and general information on occupations urban in Manaus.
As the MPF, the information collected will be joined later to repossession action within the period stipulated in the court decision.
“The MPF / AM points out that the case does not strictly involve indigenous rights, but the right to housing, which is more comprehensive and ve be guaranteed by the government to all citizens, without distinction, through public policies,” the statement said .
One of the jobs will be to georeference the land area to make sure the perimeter and the boundaries of the area being claimed by Hélio Carlos D’Carli and space that indigenous claim. One of the goals is also to confirm whether there is overlapping titles, as the Indians say where the Tribes Park is is public.
“We live in harmony,” says Lutana
In Tribes Park community leader is Lucenilda Ribeiro Albuquerque, 44, known as Lutana Kokama. She is the daughter of the couple João Diniz Albuquerque and Raimunda da Cruz Ribeiro, the founders of the community Christ Kings.
Lutana says the families were settled in Tribes of the park in lots, in an organized way. The Indians have a map of the area identifying number and street of houses, residents and ethnic groups.
“We urgently need a document, a guarantee that we can stay on the ground. Not invaded, warn the authorities that we would enter in a legal way, “he says
As Lutana, people live in harmony. “We have a law, rule, that there can be no alcohol in the community or ‘tavern’ to sell it. We have residents with involvement in drug trafficking, or fights. We live in harmony, there is no conflict. “
The chief of Kokama ethnic tribes in the Park is Messias Martins Moreira, Lutana cousin. He says families do farm, fishing, harvest fruits and materials to make crafts in place.
According to him, the whole area being claimed her community was georeferenced by Funai. So families take place in an organized manner. “This is not an invasion, but rather of an indigenous housing project. This is the largest group of indigenous population. I want to regularize the area and settle 1,500 families. We will seek partnerships for the construction of affordable housing, “said the chief Messiah Kokama.
While fighting for regularization of Tribes Park community, indigenous people face many difficulties to live in a place that does not have public services. There is no electricity and environmental sanitation with treated water and sewage networks.
Indigenous school that exists in the community is the result of the effort of the group, who improvised space with thatched roof and wooden benches. Indigenous teachers are responsible for the space, which has 90 pupils, aged four to 40 years.
Professor Ana Claudia Martins Thomas, 37, who is of Indian ethnicity Baré, is married to another community cacique, the Karapana ethnicity, Joilson Paulino da Silva, 39 years. She said that families depend almost in its entirety, the Bolsa Família.
Since 2014, when the community was officially established on 18 April, according to Ana Claudia, residents seek recognition of Funai, the Union Public Defender ‘s Office and the Union of the General Law of the Land of Tribes Park. ” But since then, she says nothing was done. Not to regularize the property, providing legal certainty for indigenous, or to improve the quality of life, with the provision of public services, “he says.
Joilson Paulino believes that government does not meet these requirements [of basic infrastructure], it always claims that “treat the” invaders “.
“But actually, I, as an indigenous leadership, I see that the lands of Brazil, mainly in the Amazon, have been invaded by entrepreneurs and Portuguese. They say that we are in a land that has an owner. But since we lived here even before big business have possession of these lands. What saddens me is to see that today they make such law, decree, ordinance, resolution, and all returned to their benefits, no action for social classes of ethnic minorities, no planning, no idea is put on the government to address these needs, “he says.
Sought to talk about the public actions in Tribes Park, Manaus Prefecture said “the area in which they are indigenous is private and is sub-judice, it is not therefore possible to perform any urbanization interventions on site “.
housing policy for indigenous
The philosopher Glademir Sales dos Santos, 50, is part of a group of researchers concerned with the Amazon issues and their knowledge production involving community and traditional peoples. He knows closely the reality of indigenous tribes living in the Park.
Santos is a master of Society and Culture in the Amazon and doctoral student in the same area by the Federal University of Amazonas (Ufam). It integrates the research group New Social Cartography of Amazon (PNCSA), the Federal University of Amazonas (Amazonas University), and is part of the directory is updating the situational map of indigenous organizations and communities. The latter was done in 2008.
The researcher says he has sought to systematize the process of organizing the Tribes Park community, “reflecting with the leaders their own knowledge produced within your organization, which can be considered proposals that help their relationship with the state, they imply fight and dialogue with its sectors. “
“At the same time I proposed, based on established research relationship assented by the leaders, bring this organizational form to the academic environment in the form of a thesis chapter, an illustrative cut, an academic reflection entitled ‘process of recognition of indigenous people in the city’ involving theoretical and practical discussion on the relationship status and ethnicity, from the ethnic force, which is effective in these organizational forms and multiethnic. This cut will be returned to the organization itself for its practical purposes and reflection of their practices, “he explains.
During his research, found that the Santos Tribes Park community is the result of history of indigenous families, including the parents of Lutana, considered a leader in the group.
“This [Lutana] and mother [Raimunda da Cruz Ribeiro] come to define common land, natural resources, to settle in the area now called Christ the King community,” says the philosopher.
The researcher says the Tribes Park community is an extension of the houses of the first households of Christ the King community and is administered mainly by multi-ethnic families, as you can see in Raimunda history and Diniz, parents Lutana.
Father João Diniz Albuquerque and his mother Raimunda da Cruz Ribeiro prescribe a marriage strategy of two ethnic groups: Baré and Kokama as “mutual externality of the elements of a reality,” he says.
As Santos, Raimunda took with ease, natural resources, investing in planting; a grown, others have found in the woods. “She [Mrs. Raimunda, when talking to the philosopher] remembered the cane, pineapple, passion fruit, acai, purple yams and white yams, concluding by saying that there was a flour mill and where is the home of the Messiah Kokama [her nephew ], I had a ‘carazal’ who cultivated “he said.
Also during the philosopher’s search Glademir Santos, leaders Kokama explained that in the area that corresponds to the occupation City of Lights, which borders the Tribes Park, his Diniz and the few neighbors hunted and collected fruits. In this area there were vines, straw, uixi, bacaba and patauá.
For the researcher, the Tribes of the park shows “an internal organizational form that presents itself as interpellation in the absence of specific land policy comprising basic conditions to create financial independence and better living conditions.”
Is also “the city may also have spaces in which affection, solidarity and cultural ties can enable different housing policy proposals for the Indians, marked by the values of traditional knowledge and cultural expressions prepared within the ethnic plurality “.
As the researcher, to resolve the issue surrounding the ownership of land is the most urgent measure in Tribes Park. “They [residents] fear a repossession, which in itself is already the end of violence by state acts.”
In another tip, Glademir Santos says that prejudice scares community residents. “They suffer most from discrimination, the facts become common, practiced by non-indigenous students living in the vicinity. There are testimonials to talk about it on the charts and on the buses, “he says.
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