• Supreme Court votes in favour of Indigenous in Raposa case


• Absolved Truká Chief will receive indemnization for moral  damage

  

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Supreme Court votes in favour of Indigenous in Raposa case

 

Eight of the eleven Supreme Court judges voted in favour of the actual demarcation of the indigenous area Raposa Serra do Sol, last Wednesday, December 10th. The judges argued that they had not found any legal reasons to annull or change the demarcation of this border region in the Northern state of Roraima. 

 

Although the trial is not over yet (one Federal judge asked for more time to reconsider his vote) the outcome will not change as the majority of the judges has cast its vote. This was reason for many indigenous in Roraima to celebrate the positive result.

 

The first to vote was Judge Carlos Menezes Direito. He had asked for more time to decide on August 27, after the promoter of the case had cast his vote. The promoter, Carlos Ayres Britto, in his vote rejected the claim that asked for the annullment of the demarcation. Judge Direito agreed with various of the premisses presented by Britto, but he voted for a parcial rejection of the claim. He agreed that the process of identification and demarcation of Raposa Serra

do Sol had been executed according to the legislation and that, therefor, the demarcation in one continous area was valid. However, he established 18 conditions for access and use of the land and water in the area.

 

Four judges agreed with his vote. And promotor Britto changed his initial vote to follow Direitos judgement. At the same time, judge Joaquim Barbosa followed Britto’s original vote.

 

Judge Marco Aurélio de Mello asked for suspension of the process, to reconsider his vote. This cassation was granted, which  means that the process will only be concluded in the beginning of 2009.Before this request, promotor Ayres Britto proposed to annull the suspension of the decision that all non-indigenous have to leave the Raposa area. The resistance of a group of non-indigenous rice farmers in the area had been the major motive to take the Raposa-case to the Supreme Court in the first place, quastioning the validity of the demarcation process itself. Considering that this claim had been rejected, Britto argued that there was no reason that the non-indigenous remained any longer in the area.Six judges agreed with his proposal, but again judge Mello asked for more time to consider his decision. This was granted by the president of the Supreme Court. Until the final voting session the non-indigenous will be allowed to continue in the area.

 

The 18 conditions established by judge Direito, put limitations to the possession and exclusive use by the indigenous of their territories. They also limit the rights to be consulted when they are affected by state projects, like the construction of canals, roads or the implementation of military bases in the area. These conditions will also be defined more precisely in the final session. Not all judges agreed to all points stipulated in Direitos vote.

 

Celebartions and violence

In Brasília, about 50 indigenous from Roraima were present at the court case, accompanied by indigenous of various areas in Brasil. Once more several of them, not wearing suits, were prohibited to enter the Supreme Court.

 

In spite of the suspension of the case, the indigenous celebrated the result. “We managed to keep our continuous area! We are very happy with this victory!”  said Makuxi chief Djacir Silva, do povo Makuxi.

 

Joênia Barbosa, of the Wapichana people and the first indigenous lawyer to appear at the Supreme Court, regretted the court decision to suspend the eviction of the non-indigenous people in the area. “We’re afraid for the safety in the area, now the rice farmers know they will have to leave.” 

 

These worries were confirmed shortly after the court case was closed. In the village of Barro, in Raposa Serra do Sol, home-made bombs were thrown towards Indigenous that were celebrating the court decision. “We will not react to these provocations,”  commented Marisete de Souza, Makuxi, of the Indigenous Board of Roraima (CIR). “We will continue our struggle, to win the pending votes. We are at ease, because we won already eight votes. Nobody of us is thinking of creating conflicts.”On December 13, the indigenous leaders will avaliate the decision and study the vote of Direito.

 

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Absolved Truká Chief will receive indemnization for moral  damage

 

November 16, chief Aurivan dos Santos, also known as Neguinho Truká, was absolved of the claim of theft that he was facing since 1999. The claim was mounted after Neguinho and his people invaded an area they consider theirs, in Cabrobó, Pernambuco. The State Court of Pernambuco alse determined that the chief and ather accused will receive indemnizations for moral damages.

 

Neguinho, Francisco Carinhanha, Eloísio de Souza e Adenilson dos Santos (Dena)

were accused of stealing two cows that were in the area they occupied in 1999. The process against the latter, Dena, was stopped, as he was assassinated in 2005. In his decision judge Marcus César Gadelha affirmed that “the accused can not be condemned for an atitude that served to still the hunger of their people during the struggle to get the lands back that belonged to them”.

 

State of Pernambuco, that moved the case, was condemned to pay the indigenous for the ” illegal emprisonment they suffered’. He stipulated the indemnity for Neguinho at 100.000 real,” because he is a truka chief and one of the major leaders of Brasil.” The other accused will receive 50.000 real.

 

Brasília, 11st of december 2008

Cimi – Indianist Missionary Council

www.cimi.org.br