The land of Yvy Katu will keep its status of indigenous area. This was the decision yesterday at the Superior Tribunal de Justiça (Superior Court). Four judges voted in favor and one voted against the rejecting of the request of the landowners not recognizing the land as indigenous land.

 

36 Guarani Indians were in Brasília to try to talk to the judges before the legal pronouncement. On Tuesday they visited three judges to explain their situation. They had meetings marked with those persons, but that did not make any difference for the security people of the Court. The Indians were not allowed to enter the building and while waiting four police cars with howling sirens arrived. “Could you please calm down those people?” one of the security guard was asking. “You mean those old persons, children and women who are singing their traditional prayers and performing their ritual dances?”, one missionary of Cimi (Conselho Indigenista Missionario) responded.

 

After mediation of a lawyer half of the group Guarani was allowed to talk with the ministers.

 

On the day of the pronouncement (14th of September) the Indians could walk proudly in and out of the building, smiling, not in the last place at the security people.

They had won, the victory was theirs.

 

Another victory? Jacaré de São Domingos

 

On the 15th of September the Supremo Tribunal Federal (Supreme Court) will decide on the homologation of the indigenous land Jacaré de São Domingos, in the state of Paraíba (northeast of Brazil).

 

Three companies (Rio Vermelho Agropastoril Mercantil SA, Destilaria Miriri SA and Usina Central Nossa Senhora de Lourdes AS), all sugarmills, are questioning the validity of the Decree of the President of the Republic, which homologated this indigenous land already in 1993. They argue that there is a difference of 314 hectares between the limits declared by the Minister of Justice and the Decree of the administrative demarcation. The lawyers of Funai (the Governmental Organization of Indigenous Issues) and Cimi say this is not a valid argument, because the first declaration is based on studies of Funais, which indicate the indigenous land approximately. The administrative demarcation is the one that takes place in the field itself and only then the limits will be marked precisely.

 

The companies also argue that the president of the Republic could not homologate the land because there are still juridical processes going on at the State Justice, questioning the limits of the indigenous land. Cimi argues that this argument goes against the Federal Constitution, which determines that the process of recognition of indigenous lands is a responsibility of the Executive power. If the argument of the companies will be approved, this means that the whole concept of the homologation process would be jeopardized.

 

The indigenous area has 5.032 hectares, where at this moment 13.664 Potiguara Indians are living. The land is used by the companies to plant sugarcane.

 

If the Supreme Court votes in favor of the companies, this can mean that the process of demarcation of indigenous land in the future will take more time. And this Potiguara – case already has taken more than 10 years.

 

Note

The decision at the Supreme Court has been suspended. A new date has not been set yet.

 

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