Federal Court claims to be “impossible” reduce crimes against natives and extinguish action of the MPF
Federal Court claims to be “impossible“ reduce crimes against natives and extinguish action of the MPF
— Filed under: indigenous Community Guarani-Kaiowá, demarcation of land
— last modified 6/1/2015 10:43
Is the fourth similar ruling, the same magistrate. Violent deaths in Indian reservation are 500% higher than the average of MS.
Federal Court claims to be “impossible“ reduce crimes against natives and extinguish action of MPF
Index of violence against indigenous people in MS is one of the largest in the country
“Extinguish the process without judgment of merit for understanding the impossible object. The federal judge substitute Fábio Kaiut Nunes, the first Federal Court of Dourados, used the same argument in lawsuits 4 proposed by the Federal Public Ministry (MPF), all dealing with indigenous rights. The expression means that the theme is not trial by Justice.
In this action, the MPF was asking for compensation for moral and material damage caused by the inaction of the public authorities in the implementation of fundamental rights, as well as the consolidation of public security policies for the benefit of the guarani-kaiowá, taking into account the specificities of the group, especially because, while the indexes of violence of the total population of Mato Grosso do Sul decrease annually, the same is not true with the natives. On Gold reserves, for example, the number of deaths from violent causes is 500% higher than the rates recorded for the entire State.
The judge, however, “the object of the action is impossible. That’s because there is no way to ensure that the implementation of public policy in the villages redound to the reduction of mortality rates within five years, especially in relation to deaths arising from aggression. On the other hand, the definition of public safety assurance policy is a matter of merit, so that the performance of the judiciary only if justified in the face of manifest illegality “.
By the same rationale, he denied the request of Federal prosecutors of reparation for moral and material damages, on account of the violent deaths in Indian villages.
Indians in MS: daily life of misery and violence
Mato Grosso do Sul has the second largest indigenous population in the country, about 70000 people divided into various ethnic groups. Despite this, only 0.2% of the total area of the State is occupied by indigenous lands. The areas occupied by the soy crops (1.1 mi hectares) and sugar cane (425,000 acres) are, respectively, 10:30 times greater than the sum of its lands occupied by Indians in Mato Grosso do Sul.
In the southern region of the State, bordering the Paraguay area, are more than 44000 guarani-kaiowá Indians that often with one of the highest numbers of homicides and suicides in the country. In Dourados, the largest Indian reservation in the country, more than 12000 people share about of 3600 hectares. The population density is 0.3 hectares/person.
The rate of murders–100 per 100000 inhabitants-is more than 3 times higher than the national average. In Mato Grosso do Sul, by the 2010 census, the indigenous are 2.9% of the population, but contributes with 19.9% of deaths: almost seven times more.
Source: Map of violence–Ministry of Justice
Federal prosecutors in Mato Grosso do Sul