Brazil’s Supreme Sides with Indians Ousted from their Ancestral Lands

Raposa Serra do Sol Indians Brazilian Supreme Court’s (STF) Commission on Jurisprudence denied the request of the National Agriculture and Livestock Confederation (CNA) that October 5, 1988, be the mark for the so-called “traditional indigenous occupation of land.”

Brazil’s federal Constitution states that “lands traditionally occupied by indigenous peoples” have to be recognized, demarcated and safeguarded by the government as indigenous territory.

As the Constitution was promulgated on October 5, 1988, the Federal Court judges concluded that this date be the temporal mark for the determination whether land was to be considered “traditionally occupied” or not, in the turbulent case on the contested demarcation of Raposa Serra do Sol, in the Northern state of Roraima.

This led the National Agriculture and Livestock Confederation to propose that this temporal mark be applied to all demarcation cases of indigenous areas. A so-called sumula vinculante, or binding abridgement in legal terms.

This would have created great obstacles in the demarcation process, because many indigenous peoples did not live right on their ancestral lands in 1988. Many of them had been expelled of their territory long before this date, over the course of decades, mostly by force of the expanding agriculture, in violent circumstances, with or without explicit help of the authorities and always against their will.

The Committee on Jurisprudence of the Supreme Court deferred the proposal on March 18. They concluded that the request of the CNA, first of all, did not meet the formal requisites of such a proposal and, secondly, that it is necessary to have various similar decisions in different court cases to justify a binding abridgement.

This is not the case. The Raposa Serra do Sol case was the first ruling that discussed this date as a temporal mark and made clear that even with this mark, there would be many possible exceptions. For example, in cases of forced removal of the indigenous community concerned.

The CIMI (Indigenist Missionary Council), through its Juridical Advisor, together with the indigenous organizations, had elaborated an opinion against the petition of the CNAP.

Tags:

You May Also Like

Brazil’s Lula Tells Military Not to Fear Witch Hunt But Yields to Their Pressure

He’s not promoting a “witch hunt” said the president of Brazil, Luiz Inácio Lula ...

Brazil’s Best-Selling Rice on Arab Tables

Josapar group, the leading packer and distributor of rice in Latin America, which is ...

Brazil Builds Reefs to Protect Fish from Nets

The Brazilian government’s fishing conservation program was inaugurated January 2 off the coast of ...

Social Activism Makes Brazil’s Petrobras Member of UN Committee

Petrobras, the first and only Latin American company that is a member of the ...

Brazil’s Low-End Furniture Maker Eyes Foreign Market

Móveis WW , based in the small city of São Geraldo (southeastern Brazilian state ...

Another Serious Trafic in Brazil: Genes and Traditional Knowledge

Only 12 countries are considered mega-biodiverse, that is, they have 70% of all the ...

In Tourism Brazil Ranks 49 to Switzerland’s 1st Place

Brazil, in 49th place, is the Mercosur (Argentina, Brazil, Uruguay, Paraguay) country best ranked ...

Paralamas’s forbidden lyrics

The Brazilian courts have forbidden the publication and public utterance of the lyrics below. ...

Ford Fiesta in the US Will Sport Engine Made in Brazil

Sigma engines, manufactured at Brazilian plants, will be used by Ford United States on ...

Brazil Gives Argentina the Ice Treatment Blaming Argentinean Bad Faith

Brazil has virtually frozen political and economic relations with Argentina following serious discrepancies that ...