Minister Eros Grau, of the Supreme Federal Tribunal (STF – Brazilian Supreme Court), granted preliminary injunction in a Protective Action (AC 2369) to ensure the permanence of the indigenous community Pataxó Hã-Hã-Hãe in Bom Sossego Farm, located in the municipality of Pau Brasil (BA), which is part of their territory embraced by the Indigenous Reserve Caramuru / Catarina / Paraguassu. The action was taken to court by the National Foundation of Indigenous Affairs (FUNAI) against an attempted re-possession of the property by a public servant.

According to the minister, the danger of delay is evident, “by reason of social tension verified in the area under litigation, with serious risks to the indigenous community, a segment of society to whom the Constitution confers special treatment.”

The injunction stipulates the suspension of action for the reintegration of possession until final judgment on the Originary Civil Action (ACO 312) in proceedings before the STF and also reported by Eros Grau. At present, the action is to request the view of Minister Menezes Direito.

Protective Action

According to Funai, the property is situated in indigenous land of which the demarcation process was completed in 1938.

The injunction was sought taking into account five aspects:

• prior possession by the Indians;
  
• the alleged illegality of the document of the possession of the current owner;
  
• the necessity for survival of the Indians – who would not have to leave -;
  
• the trial itself on the ACO 312 and the possibility of bloody conflicts in the area, in case of removal prior to the final judgment by the Supreme Court concerning the territory.

 

Funai information: 50 Indians occupy the farm. The current owner obtained a determination of removal of the Indians in the first instance by the Federal Court in Itabuna (BA), temporarily suspended by order of the Federal Regional Court President of the 1st Region, with a term expiration of June 2.

Still according to Funai, the forced expulsion of the community “represents a serious risk of damage to the entire community, notably the Pataxó Ha ha Hae indigenous community, the farmers and police officers responsible for enforcing the measure, because of the possibility of an ensuing conflict. “