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In Brazil, Indians Can Do It All: Smuggle, Rape and Kill PDF Print E-mail
2005 - October 2005
Written by Janer Cristaldo   
Thursday, 06 October 2005 10:17

Paulinho PaiakanA good 12 years ago, still in the pre-Internet era, when we had arguments on separatism in Brazil, I published an article in the daily Zero Hora, from Porto Alegre, entitled "The Territory Is Already Divided". In that article, I stated that the Ianomami and other indigenous tribes could have countries for their own use, while other Brazilians could not even think about the subject because it was a crime against national security.

"The idea of independence of the Brazilian southern state is seen as a separatist dream of gaúchos who long for the Piratini Republic," I wrote then. "The Army Ministry states that separatism is barbarism, civic anomaly, breach of the national unit. The deceased USSR has been blown to smithereens, the same happened to good old Yugoslavia as well, and Russia itself has its unity in check: Estonia, Latvia and Lithuania became free practically without any bloodshed. Czechoslovakia broke up peacefully, Canada wishes to divorce from itself, the same does Italy.

"But this ill-shapen dinosaur of ours, whose green-yellow brain was never able to command its own members on behalf of a national identity that was never set, has to remain one and only. (...) What nobody says - or prefers not to say - is that Brazil is no longer a territorial unit.

"In exchange for a handful of lines in the international press, former President Fernando Collor de Mello handed out to ten thousand aborigines - who after living for millenniums, have not managed to evolve from a culture incapable of putting their thoughts in writing - a territory equal to three Belgiums, one for each three thousand Indians. A recent issue of Geografia magazine brought a headline on the cover mentioning "the Ianomami country".

Nobody should be fooled: the latifundiums given gratuitously to those autochthones who were never able to get the preambles of a grammar, do not belong to Brazil anymore. The Ianomami, who live in idleness and on the devastation of the Amazon forest, can have a country for their own enjoyment. People who were born in Rio Grande do Sul, Santa Catarina or São Paulo, that is, people who work and generate riches, cannot even dream about it. It is a crime against national security.

"Before being a territorial problem this was a juridical one. Since then, we already had different laws for whites and aboriginals. Rape was crime, except when committed by Indians. Paulinho Paiakan, the Caiapó chief, greeted by the American press as "the man who can save humankind" raped a girl with his wife's complicity and remained free as a little bird in his fief.

"The legal proceeding has been dragging for close to a year and Paulinho - diminutives are quite endearing! - has already warned: if convicted he is not leaving his reservation. He even threatened to spill whites' blood if he is condemned in the case. And we thought ethnic cleansing was a Serbian strategy".

I wrote this in 1993. Paulinho Paiakan, self-confessed criminal, continues scot free up to this date. Even convicted, there was no power that would dare putting him in jail. The Caiapó "nation," which at that time had already made a small fortune or more precisely US$ 10 million, exporting mahogany to Europe, not only wouldn't heed the judicial system decision as it sheltered and protected the rapist.

Now, to shelter criminals also constitutes a crime. With the exception of the Caiapó country where they have other laws and where rape is not a crime. The worst in this story wasn't really the rape, a common crime defined in the Penal Code. But we had then a Brazilian citizen, presented by some as a humankind savior, who let it be known very clearly that he did not accept the law of the country in which he lived. No authority has condemned this civil rebellion.

The feminists, always aggressive in denouncing sexual harassment, conducted themselves in a complacent way when a "citizen from the forest's peoples", brutally, tucked his hands in the genitals of a girl. The Army Ministry didn't show any concern either for those gentlemen who, on broad daylight, disavow the national legislative and judiciary systems.

Rape aside, Indians were granted the right to kill, invade private properties and federal buildings, obstruct highways, keep state employees under false imprisonment, trade wood illegally, and hunt animals whose killing is forbidden by law.

If it wasn't enough that Indians have territories where a Brazilian cannot even go across, little by little Brazil started to create a special legislation for the brutes alone. instituting in Brazil a special legislation for primitives. (By the way, those who call themselves landless also enjoy a differentiated juridical situation). Now, we cannot admit a state with distinct legislations for different groups of citizens.

Last week's newspapers brought us another approach in this attempt to build two nations in the territory of only one. Amapá's Federal Justice recognized that the three widows of the Indian Parara Waiãpi, dead on October 25, 2000, have the right to the money deposited in the dead Indian's pension plus an extra benefit due to his death. This money is to be shared between the women and their children.

For the author of the legal action that guaranteed the widows' right, the Citizen Rights attorney José Cardoso Lopes, the Federal Justice recognized the marital and family connections among them, in other words, it concluded that the Indians constituted one single family. Based on this conclusion, the widows had their Social Security and labor rights guaranteed. The decision is considered the first of its kind by the Attorney General's office, in Brasília.

That means that polygamy has been recognized judicially in Brazil. Certainly as a sign of respect for the cultural diversity and the indigenous traditions of the tribe Waiãpi. Better yet, of the Waiãpi "nation", as anthropologists and other ologists would rather have it. It's curious to note that polygamy is an ancestral practice among whites, it exists in the world since the world is world and in Brazil since Brazil is Brazil.

But the legislator until today did not bestow on the white man the legal recognition of a quite common practice throughout our western society. Another curious detail is that Parara died at the age of 22. So, we naturally ask: how much - and simply how was that possible - was his Social Security balance. 

What kind of well-paid profession would have this young man, for how long was he working and what contribution had he made in so short a life to warrant this dispute by three widows? This considering that the pension left by a worker, at the end of a lengthy working life, is not enough to provide for a mere single widow.

Let's dare a notch higher, Your Honors. Let's then legalize also murder, the slaughter of unwanted children, rape, invasion of buildings, false imprisonment, wood smuggling, on the condition that they are carried out by the "forest peoples".

As for the whites, they should put up with the limits they created for themselves, as the condition to live in an organized state. Even the European countries would fall for this tale if the respect for cultural diversity is invoked. France, for example, accepted that the Muslim immigrants brought with them their four wives, something Islam allows. And, naturally, the 16, 20 or 25 children.

The social benefits were then proportional to the four women and their respective offsprings. The French citizen, who hardly could afford providing for the lover and a dog, would not admittedly approve that taxes paid with the sweat of his brow be used to sustain thousands of Arab clans.

Though late, Europe is reacting to this absurd introduced in the name of the renowned Human Rights. Ireland - according to Daniel Pipes - is already requiring that those who file for naturalization renounce their polygamy. Brazil, always at the rear end of history, adopted the idea.

The reader would be mistaken if he thinks I am a ferocious defender of monogamy who brandishes a moralist's fist against the polygamous practices. Nothing of the kind. I'm not only a defender of polygamy, as I have been a polygamous my whole life.
 
And so that no one call me a sexist, I'm also am in favor of polyandry. If I'm not mistaken this was one of the battles during the 60s and 70s. Free love, open relationships, does anyone still remember that? Or 30 years is an excessive time to be kept in the memory?

I always saw monogamy as something dictated by Christians, a straight jacket imposed by a race of believers who, since their origins, always abhorred pleasure. From the day I forsook Christianity, as well as the belief in any god, I have always fought against this straight jacket and it wouldn't be now, in an age that you can call advanced, that I would abdicate my youth ideals.

But, I must confess that it never occurred to me that Social Security should pay for my lust's gratification. The Federal Justice decision opens the doors for legal polygamy with official marriage certificate not only for all the aborigines, but also for Muslims living in Brazil.

It would be a disrespect to a millenary religion to not grant to the Mahamuds of the world the right to keep a harem. Who is going to pay for the social welfare costs? The suffered Brazilian citizen, who is already ransacked from all over by the State's fiscal fury.

Janer Cristaldo – he holds a Ph.D. from University of Paris, Sorbonne – is an author, translator, lawyer, philosopher and journalist and lives in São Paulo. His e-mail address is janercr@terra.com.br.

Translated from the Portuguese by Arlindo Silva.



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Comments (30)Add Comment
...
written by Guest, October 06, 2005
What a shame, Janer.
You are what I call a dinossaur.
Do you really believe that the Ianomami are inferior to white "civilized" eastern people because they do not write?
They have been liven in peace in this land for thousands of years, in harmony with nature. They walk over the very flesh and bone of their ancestors. I *think* they might have the right to it.
ETHNOCENTRISM = look it up
written by Guest, October 06, 2005
"aborigines - who after living for millenniums, have not managed to evolve from a culture incapable of putting their thoughts in writing"
"those autochthones who were never able to get the preambles of a grammar"
You are borderline a Nazi. You are deliberately judging native american cultureand inferiorizing it. What's next? ethnic "cleaning"?
You know, Mr. Cristaldo, I really wish you were born an indian and as an indian, you had to deal with the ethnocentric pig you are today.
...
written by Guest, October 06, 2005
Ok, so one indian raped another. Their cultura has been subject to five centuries of corrosion. You would expect their society to be pretty f**ked up right know.
And the Ianomami ARE a different nation. Because a nation relates to a cultural identity. And there are several cultural identities within Brazil (or within the US, within Europe, within China), therefore, several nations within the same STATE. State is one thing, nation is another. They do not allways coincide. And this is what explains conflicts such as Chechenia x ussia, Euskadi X Spain. This is Anthropology 101.
The laws we have in Brazil today (or in whatever country) did not come down from Heaven, sent by God and handled by angels. They arised from the pact (read some Hobbes, Locke and Rousseau... don't they teach that in Sorbonne anymore?)... This means that the juridical order is born from the culture. Therefore it is only valid and legitimate within that culture. When you try and impose a nation's laws to a different nation (with a different cultural identity and a different notion of what is right and what is wrong), this is an extreme act of violence. It is imperialism. It is colonialism. It is Rome.It is slavery. It is proselitism. It is ETHNOCENTRISM: my truth is the only real one. And we almost haven't seen that in History, now have we?
But what am I doing... trying to explain anthropology to Janer "look, I have a Sorbonne Ph.D" Cristaldo. Dear god! some people can only stand a chance of some consciouness growth dying and perhaps being reborn.
polygamy
written by Guest, October 06, 2005
I agree with the comments above but hey, he has a good point on polygamy. Why not legalize it! For either or all combinations of sexes. I think now in the US its better for multiple men to marry one woman. This way we could keep her spending habits going, while one works the day shift and the other the night shift. My ex-wife would have love this arrangement, and just maybe I could have had some money left over for me.
Harmony with Nature?
written by Guest, October 07, 2005

I may disagree with many points made in the article, but the reality of lawlessness among the Brazilian Indigenous population is an obvious fact for everyone to see.

It is also true that the main exploiters of Indians are the tribe-chiefs. People like Chief Paulinho are monsters who should answer for his barbaric crimes.

Moreover, the author is also right to call the indigenous communities primitive.

That is what they are.

Besides, the idea of indians live in harmonious relations is false. It is myth.

Indians are predators. They are destroyers of the nature. .

Besides, iIn the name of preserving their primitive culture, we have the fact that thousands of indians are living in misery and utmost exploitation.
primitive doesn\'t mean less evolved
written by Guest, October 07, 2005
One thing is to call them primitive, another one is to inferiorize them as "aborigenes that haven't even evolved to writing", as if we were more "evolved" or better than they are.
There are anthropological, scientific and even religious movements that believe that this "primitive" condition is actually superior to ours, on many aspects. Like, for example, not destroying the very planet we live in.
The author is chauvinistic and old fashioned. The point of view he expresses is typical of the pre-Freud and pre-Jung nineteenth century, and is largely rejected among the Academia.
...
written by Guest, October 07, 2005
And the idea that indians live in harmony is NOT a myth.
A few India tribes livin in certain areas of the Amazon and the African forests still live in absolute harmony with the enviroment and are as much as a predator as a wolf or a jaguar are. They hunt, collect, fish, plant and harvest, but do not break the ballance of the ecossystem.
These indians the text talks about have lost their heritage, all they have is indian blood and what is left of their language. They wear Nike sneakers, use industrialized clothing and have satelite television. These don't live as indians anymore and that is why we see what we see. And if they are in this situation today it is because their "primitive culture" has NOT been preserved and not the contrary. Had it been preserved they would still be living like the few remaining tribes mentioned.
...
written by Guest, October 07, 2005
Or at least that is what History and Anthropology have to say. This is not my guessing. The degradation of native american culture is the theme to my doctorate thesis, I have been researching it for quite some time.
Right On!
written by Guest, October 07, 2005
At least this is someone who has the guts to give an honest opinion without worrying about whether it is "politcally correct".
Rot on!
written by Guest, October 07, 2005
"this is someone who has the guts to give an honest opinion without worrying about whether it is 'politcally correct'" . . .

uninhibited by reason, science, humanity, or decency.
Egregious
written by Guest, October 07, 2005
I hope that this article finally demonstrates to people what I've thought about The Great Cristaldo since the first time I read an article of his: He is one egregious prick. An inhuman, elitist, pseudo intellectual, reactionary, crypto fascist dinosaur. In short, and educated fool.
...
written by Guest, October 07, 2005
Ironically, he does disprove by his writing any claim to superiority of a culture capable of putting its thoughts to writing.
kinship, not
written by Guest, October 07, 2005
Contrast the spriit of this article with the photo above it of a smilie faced native american child in the Brazzil.com logo.

"Created in April of 1989, BRAZZIL has been a national respected link between Brazil and all those — Brazilian or not — who feel a kinship with the Brazilian way of life, politics, economy, culture, and soul."

I see.
...
written by Guest, October 07, 2005
I feel no kinship with the rotten soul of the blowhard, has been, author (though I don't really think he has a soul, if he has one, it's rotten).
Not improved with time
written by Guest, October 07, 2005
Congratulations, Janer. You proved that 12 years ago you were an idiot and that 12 years later you haven't improved with age. You're still a blathering, racist fool.
Dividing the country
written by Guest, October 07, 2005
The indigenous peoples in Canada have embarked on a quest to form their own government. This is a result of great oppression, colonization, and casting them into reservations like animals. This has fuelled a bitter underlying hatred for British style government in this country, which also threatens to split the country. Brazil on the other-hand ought not to do this to the natives, nor should the natives accept this limited lifestyle of being corralled like cattle and cultural preserves tucked away in a cupboard, to be eaten at a later date by evil men and religions intending to convert there preserved heathen. All of Brazil ought to belong to all the different peoples of Brazil that had a hand in settling it, with equal rights, land rights, and economy. To show any one group as an exclusive owner of any large tracts of land, whether be Indigenous, Europeans or even mega companies, divides the country and could potentially lead to great civil strife and the tearing apart of the country itself. This is against all integration of people which I understand that at least thirty percent of Brazil is Mullato. Let us not make the mistake of, English-French-Indian-Chinese, Canada, and the White-Black-Hispanic US.
In the wider world, the source of many a conflict were the division of the races. The world being as big as it is had room to breath this crap out, but a division of races in a country which is much smaller than the world, is a powder-keg, which only a small spark could ignite into comprehensive destruction of the entire country. We have to work through racial discrimination, and with transparent hearts after the inward man see the shed blood of Christ, which in all mankind is the same color.
RE:Dividing the country
written by Guest, October 07, 2005
First, recent scientific studies have shown that there is no such a thing as human races. The genetic difference is so small between a black and white, for example, that we cannot say that blacks and whites are actually two human races.

One sad thing about the Natives (in all Americas) is that they are already mostly contaminated with the European, black or Asian culture. It is too late now for most of them except, perhaps, to those natives living in deep forests. As someone mentioned above, they are, in the Amazon, for example, using shoes, watching TV (via Satellite) and using “white” technology. In my opinion, the contamination is relentless. Sooner or latter they all be integrated, even if slowly, to the so called modern society. The only difference is that we should let them choose instead imposing our way of life upon them.

As a Brazilian visiting a Indian reservation in the USA, while driving down the road I saw a sign saying that I could not pass that point on unless I had some special authorization. The sign was informing that passing that point without the proper credentials would violate federal law and I would be prosecuted. I drove way.

The “white” people should just leave the Indians in peace and stop invading their lands. However, I also believe that even the Indians must obey the law in general and have no right to leave their lands to inflict, now the word is carefully chosen, pain or harm to any innocent person. If an innocent should be harmed, even when the Indians have the right of protesting, the Indian should pay for the crime like anybody else. By the other hand, when a “white” person causes the Indians pain or harm, the law should also be implacable and severe. Unfortunately, that is not the case in Brazil.
To this comment
written by Guest, October 07, 2005
To the person above that wrote this comment.
"One sad thing about the Natives (in all Americas) is that they are already mostly contaminated with the European, black or Asian culture."

I assume that you are saying that anyone born of mixed parents are contaminated? I have native friends and my best friend was a mix of French and Cree Indian, do you suppose we had a contaminated relationship by being very good friends. Two of my brothers are Canadian with Swedish descent married to native Indians are their marriages contaminated! Love penetrates all racial barriers. Where does this person understand?
RE To this comment
written by Guest, October 07, 2005
The term "contamination" here is not to be taken the way you are thinking. I wanted to use the word “contamination’ in the sense of breaking their cultural integrity (their way of life or their notion about the universe) instead of moral corruption or racial miscegenation; although, a lot of people would also consider that debatable.

This has nothing to do with interracial marriage or the fact that someone is born of mix parents. This also has nothing to do with love or Pocahontas story, just to mention.

Besides, I was using the term to signify what the other posters were discussing about.

I am also an example of what you are talking about; I am a Brazilian of European ancestry from both sides. I am a mix of Italian and Portuguese. Am I contaminated? For the Italians, yes!
One question...
written by Guest, October 07, 2005
Why should anyone in the world get special treatment due to an accident of birth?

In spite of some egregious statements that are made, I think that this is the point of the article.
...
written by Guest, October 07, 2005
"From the day I forsook Christianity, as well as the belief in any god . . ."

The only thing I really love about Cristaldo is that he's an atheist, and that just burns his right-wing Christian fans. LOL!
The writer of this post is AMaZING
written by Guest, October 08, 2005
Janer Cristaldo – he holds a Ph.D. from University of Paris, Sorbonne – is an author, translator, lawyer, philosopher and journalist and lives in São Paulo.

"From the day I forsook Christianity, as well as the belief in any god . . .”

This poster says that he holds a Ph.D. in a variety of different fields as well as Philosophy, and has forsaken Christianity! My question for this expert in Philosophy is this! Has he also forsaken those that hold PhD’s, in History and Archaeology, and know very well that many Christians flying the flag of Christ were actually, crucified, bludgeoned, and massacred, by the Romans? Does he deny the impact that Christ and his teachings have had on the world to date? All our computers would not work correctly without the date 2005 A.D., not to mention our money, and all contracts that would be worthless without the signature of the date without the suffix, A.D.
I say this to you, Janer Cristaldo; because you no longer believe, does not diminish nor disannul the fact of many believers worldwide, and neither does it eliminate all historical nor present fact of the truth of Christ and Christianity.
I think that you have philosphifised to the degree of tooo muuuuch bubbly, without seeing the facts at hand. Granting however, that many evils have been done in the name of Christ and Christianity, especially by Constantinian Romans and Roman Catholics, does not degenerate all Christians in Christ. Albeit, keeping on the subject of the Indians exercising special rights, Christ taught no such thing, but said rather, “The Kingdom of Heaven is as though a man would cast a great net into the Sea and gather of every kind, and after he has drawn to shore would sit down and gather the good into vessels and the bad he would cast away.”;: This is a subject of much debacle and debate but what it means is this; That of the wider and divided world of many races and cultures we ought to come together into one new nation like a big potluck supper, everyone putting in their two-bits worth of argument for a better life together just as we are doing here right now, and for Christ’s sake learn to communicated to one-another!!!!!!!...............

opy
...
written by Guest, October 08, 2005
lets evolve and conquer the universe, colonize other planets. If the indians want to stay savage, let them stay barbaric in Earth forever. One day a meteor may hit the planet and then they will beg us to come rescue them, but unfortunatelly they wont have radio, so they wont be able to call for rescue smilies/cheesy.gif
Re: The writer of this post is AMaZING
written by Guest, October 08, 2005
What are you on about? The punch line isn't bad, but in getting there . . . well, let's say I'm not sure how you got there.
is carnaval!!!
written by Guest, October 08, 2005


oh, oh oh, oh..indio quer apito, se nao der, pau vai comer! ho, ho, ho hiooo...indio quer, apito se nao der, pau vai comer!
Southern Republic
written by Guest, October 09, 2005
Cristaldo is right. If the indians have the right to have their own land, then have the southern people too!!

Southern republic already! Southern people must be free!! Northeastern people, take care of your land and people!! Don't spread your bulls**t all over the country! The congress has too many northeastern, that's why Brazil is a huge piece of s**t! Southern people, let's spit in the brazilian flag!!! That's not our nation!!!

And for the stupid brazilians who will say separation is nonsense, I say: I don't care, I don't give a damn, and I actually feel myself stronger with your opinions. Send your replies!!! I need more texts to show to my fellows that you are a bunch of racist xenophobic scum who don't deserve any respect, that you are our enemies and that you should be hated! Thank you!
...
written by Guest, October 09, 2005
"you are a bunch of racist xenophobic scum who don't deserve any respect, that you are our enemies and that you should be hated!"

Hmm, what are you, then? Xenophobic and racist?

"Northeastern people, take care of your land and people!! Don't spread your bulls**t all over the country! The congress has too many northeastern, that's why Brazil is a huge piece of s**t! Southern people, let's spit in the brazilian flag!!! That's not our nation!!!"

Nah, not YOU!
Sad
written by Guest, October 14, 2005
It is really sad to read an article like this one. And to think that civilized people with PHD's would think before they write something like this.

Calling other people names and degrading other ethinical groups can only put you on a lower than minimal respect level.

If you are going to talk about an issue that can be a good valid point, do it without offeding anyone, you wil only bring the worse out of people and it becomes improductive.

The point is that there is a Federal law and everyone foremost should follow the same law, if it is true that rape was commited by and Indian or anyone, it is a crime and he should be punished.
This idealism of having the South being separated from the rest of the country is purely based on nonsense. Because the South is the industrialized part of the Country it doesn't make any better than the rest of it. In prospective, the industies of the South need the workers from all over the Country to keep the economy health otherwise how will it survive? Again I say, the Federal Government need to provide better education and jobs for the less previleged in Brazil, it is that simple.

My attack would only be on educated so called PHD's that have the gut to write a disgruntal article like this. It is sad!!
...
written by amanda, January 30, 2007
hey i was wondering the writing of this website is a good site and thank you for everything in this passage. Well please write me back because i will like to learn more facts about the indians and there tribes.
I rape you and i kill you
written by Tharun, November 24, 2008
I will rape and i will kill..
what can you do.. huh.. that is what we do.. we rape and rape

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