The Federal Attorney for Citizenship Rights, Alvaro Augusto
Ribeiro Costa, accepted on Monday, January 18, a petition filed by the
Council for the Articulation of Indigenous Peoples and Organizations
of Brazil (Capoib) to have Decree 1,775/96 declared partially
unconstitutional and the conduct of the minister of Justice, Nelson
Jobim, questioned for having favored interest that are contrary to
those of indigenous peoples and the Union. The opinion issued by
attorney Alvaro Augusto requests attorney general Geraldo Brindeiro to
send official letters to the president of the Republic recommending
that Decree 1,775/96 be annulled or revoked and also that the improper
administrative conduct of the minister of Justice be investigated.
Capoib's petition considers that the inclusion of the adversary
system or ``broad defense rights'' in the procedures for the
demarcation of indigenous lands is not legally grounded. The Indians
want decree 1,775/96 to be challenged on grounds that it is
unconstitutional, particularly paragraph 8 of article two and all
article 9. In his opinion, the attorney expands the suggestion and
says that paragraphs 9 and 10 of article two are also illegal and
accepts Capoib's reasoning, which refers to an opinion issued to the
Government of the state of Para in 1993 by the then federal deputy
Nelson Jobim regarding the legal grounds of Decree 22/91. According
to the ``New Lawyers' Statute and the Statute of the Brazilian BAR
Association (OAB),'' members of the legislative branch are not allowed
to perform private advocacy a activities. According to Capoib, the
minister is using his position to benefit allies, based on the letters
he wrote to States such as Para suggesting that they should contest
demarcations. This is one of the facts that led the attorney to
propose an investigation on the improper administrative conduct of
minister Nelson Jobim.
In his opinion, Alvaro Augusto recommends that the general
attorney, Geraldo Brindeiro, should file a suit against the decree at
the Supreme Federal Court on grounds that it is unconstitutional and
request a preliminary order to suspend its effects. This is at least
the second legal defeat of the Ministry of Justice since Decree
1,775/96 was issued. On February 14, judge Selene Maria de Almeida
accepted a collective action brought by deputy Ivan Valente
(Workers'Party-Sao Paulo) requesting that it be annulled. In her
decision, the Judge determined that the ministers of Justice and
Agriculture, the president of Funai and the president of the Republic
himself were to be summoned in the procedures to provide
clarifications on acts related to the decree.
INDIANS PROMOTE MOBILIZATION AGAINST DECREE
Indigenous leaders in various Brazilian capitals like Sao Paulo,
Fortaleza and Recife are protesting and promoting public
demonstrations against Decree 1,775/96. Between the 24th and the 28th
of this month, about 400 indigenous leaders will be in Brasilia in a
large national mobilization. The demonstrations are being supported by
entities linked to the social movement. During the same period, Indian
Jose Adalberto Macuxi will be representing Capoib at a seminar of the
United Nations in Canada.
Brasilia, March 21, 1996
Indianist Missionary Council - CIMI