After 26 years, Federal Supreme Court started last week (24th of september) the case of the Pataxó Hã Hã Hãe´s land, in the south of Bahia.  Federal Foundation of Indigenous Affairs (Funai) demand the annulment of the land titles gived to farmers within the boundaries of Caramuru-Catarina Paraguassu territory – the Pataxó Hã Hã Hãe land. The first minister to vote, sided with the indigenous.

 

“There are no valid land titles within the Indigenous reserve”, judge Eros Grau affirmed. He considered that none of the land titles in question had been conceded before 1967, the year that the Brazilian Constitution affirmed that “land occupied by indigenous people” was property of the federal Union. Therefore the state of Bahia never had the authority to concede land rights to third parties.

Grau sided with The General Prosecutor of the republic, Antônio Fernando Souza, who had demanded the annulment of the land titles, on behalf of the Pataxó.

Eros Grau highlighted that the indigenous presence in the area in 1967 was amply proved in the process. He also underlined that the violent eviction of indigenous people, as occurred in the case of the Pataxó, does not alter the indigenous character of the land.

About 200 indigenous came to Brasília to witness the court case. They were satisfied with the first vote. “We were prepared for anything, but this first vote is very good. It is important the case finally began, because it has been 26 years of suffering”, chief Ilza Rodriguez commented. “The elder people are more quiet now, seeing that we may have our land back.”

Protection

The Pataxó Hã Hã Hãe asked for more Police protection in the region to protect them from possible attacks.

The Pataxó have suffered constant violence ever since they settled in villages in the 1920’ies. In 1937 the Indigenous Protection Service (SPI) defined the area in 54.105 hectares, but in the forties and fifties started renting out land. In that process, indigenous people were expelled and killed.

Meanwhile, the governors of Bahia started giving out land titles to non-indigenous persons, alleging that there were not living any indigenous anymore. However, in spite of the violence, various Pataxó families remained in the area and they organised the occupation of the indigenous area in 1982 again. That year the FUNAI took the case to court.

Case suspended

The second judge to cast his vote, minister Direito, asked time to consider the first vote, therefore the case was suspended. He also asked for documentation on the Raposa-case, because the cases are connected in his opinion. “I see a connection, in that both questions derive from the way indigenous areas are defined in the first place.”

There is no set date for the continuation of the case. “We hope it won’t take much longer, as we have waited for so long  for our land”, chief Ilza Rodrigues said.

 

 

Source: Cimi – Conselho Indigenista Missionário