One of the worst judicial decisions against indigenous peoples came
from the highest level of the Brazilian Judiciary Branch, against which no
appeal is possible. On the 7th of November, the Supreme Federal Court
unanimously decided to reject the Unconstitutionality Suit filed against
the creation of the municipalities of Uiramuta~ and Pacaraima, whose
administrative headquarters are located inside the Raposa/Serra do Sol and
Sao Marcos indigenous areas, in the state of Roraima. The main problem of
this ruling is that, in analyzing the issue, the Justice in charge of the
case, Mauricio Correa, said that the areas are not indigenous because
their demarcation has not been concluded and they have not been registered
so far. The decision restricts the concept of land areas traditionally
occupied by indigenous peoples provided for in article 231 of the
Brazilian Constitution and contradicts article 25 of Law 6001 (Statute of
Indigenous Peoples), according to which indigenous rights do not depend on
the demarcation of an area.
This decision may influence future rulings against demarcations of
indigenous areas. It indicates that the judicial defense of these areas
could only have been successful if they had been demarcated, homologated
and registered. In his vote, Justice Correa said that the indigenous areas
in question are being subjected to the adversary system provided for in
Decree 1,775/96. The reference to that provision is worrying, as the
Supreme Federal Court conditioned its decision to an administrative act of
the government based on a controversial decree, against which an Indirect
Unconstitutionality Suit was filed in March of this year to be judged by
the same Supreme Court. Antiindigenous groups of Roraima are celebrating
the ruling of the Court, as a request for a Provisional Remedy filed by
CIR (Indigenous Council of Roraima) against the same municipalities is yet
to be judged by the Supreme Court. The legitimation of these cities may
lead to the reduction of the Raposa/Serra do Sol and Sao Marcos areas.
ARACRUZ CELULOSE CORPORATION REFUSES TO ATTEND PUBLIC AUDIENCE
The Legislative Assembly of the state of Espirito Santo held a public
audience on November 11 to hear Tupinikim and Guarani leaders, who claim
that their land, presently under the possession of the Aracruz Celulose
multinational corporation, should be expanded. The audience was attended
by the president of the Consumer Defense, Minorities, and Environment
Committee, federal deputy Gilney Vianna, and representatives of Funai, of
the government of the state of Espirito Santo, and of Cimi. Although it
was invited, the Aracruz Celulose corporation preferred not to take part
in the debate. The president of the corporation, Erling Sven Lorentzen,
justified the absence saying that the claims of the Indians are sub judice
according to the rules imposed by Decree 1,775/96.
The indigenous leaders and Cimi demanded that Funai publish the report
identifying the area without any further delays. According to the
representative of the indianist agency, the delay was caused by an
internal discussion on the best model for the report, so as to provide
invaders of indigenous lands with better means to draft their pleas
against the existence of the indigenous area according to the provisions
of Decree 1,775/96.
Brasilia, 14 November 1996
Indianist Missionary Council - Cimi