News-Letter Nr. 488

Pataxó Hã-Hã-Hãe May be Evicted from Retaken Farms

The State judge from the District of Camacan (BA), Lizianni Cerqueira, granted a preliminary order of repossession to 28 ranchers who had invaded the indigenous land, Caramuru Catarina Paraguassu, in Pau Brasil (BA). The properties are amongst the 66 farms retaken by the Pataxó Hã-Hã-Hãe on October 22. The judge's decision aroused fear and alarm within the indigenous community, which fears that the preliminary orders will be enforced by use of force by the police. The Federal Attorney General's office in Ilhéus is appealing the decision. Said preliminary orders are illegal, as any and all decisions on indigenous affairs fall within the jurisdiction of the Federal Court and not the State Courts. The indigenous people await for the legal proceedings under the risk of violence. Gunmen hired by the ranchers have been seen circulating around town and the Federal Police, at the locale to avoid violence, decided to vacate the area, alleging that their presence was no longer needed after the issuance of the preliminary order. The legal decision was unilateral and politically-motivated.

Judge Lizianni Cerqueira heard neither the Pataxó Hã-Hã-Hãe, nor the Justice Department during the only audience held before handing down her decision. She based her decision on the fact that the Federal Supreme Court (STF) had not decided on the Action to Annul Title Deeds that has been before the Court for the last 19 years. The judge stated that unless the STF hands down a decision, one cannot declare that the farms in question are on indigenous lands. While in Brasília, accompanying the trial of the murderers of Galdino Jesus dos Santos, the Pataxó Hã-Hã-Hãe met with the minister acting as rapporteur in the case, Nelson Jobim, and received from him assurances that the decision would be made by the end of the year.

The Pataxó Hã-Hã-Hãe have promised to resist on their lands and state that they prefer to die fighting than to once again see their lands stolen from them. This most recent blow against the Pataxó Hã-Hã-Hãe comes only three days before the deadline given to both ranchers and the Pataxó Hã-Hã-Hãe to find a peaceful solution to the case and only two weeks after the victory of the conviction of Galdino´s murderers by a jury in Brasília.

Man Convicted for the Murder of Galdino Jesus Dos Santos Lodges Appeal Against Jury Decision

Attorney Walter Medeiros, who is defending Max Rogério Alves, one of the four murderers of the Pataxó Hã-Hã-Hãe, has decided to appeal the decision of the Trial Court in Brasília that convicted them to 14 years imprisonment for their felonious crime on November 8th. Walter Medeiros request a new jury and a reduced sentence based on the fact that Max Rogério collaborated with investigators and provided information regarding the participation of the other three murderers in the crime. Medeiros is basing his appeal on the law for witness protection that provides for reduced sentences in such cases.

Walter Medeiros´ decision surprised the other two attorneys that also defended the case. Moreover, the pact of silence, so vehemently defended during the trial, was broken. The deadline for an appeal against the Jury's decision ended on Friday, the 16th. Attorneys Raul Livino, who represented Eron Chaves de Oliveira and his cousin Tomás Oliveira de Almeida and Heraldo Paupério, who defended Antônio Novély Vilanova, informed that their clients and their families had decided not to appeal the sentence due to the strain that a further appeal would cause. We have heard information that Livino and Paupério will try to get Medeiros to drop the appeal.

Indigenous Peoples of Mato Grosso, Tocantins and Goiás Unite Against Large-scale Projects

Organized in a caravan, some 80 leaders of the Javaé, Xerente, Apinajé, Krahô, Tapirapé and Karajá indigenous peoples, from the States of Mato Grosso, Tocantins and Goiás traveled to Brasília to tell the federal government that they do not accept hydroelectric plants and waterways in indigenous areas. During an entire week, the committee participated in working meetings of the lower chamber of Congress, the Federal Attorney General's Office, Ibama, Funai and the National Health Foundation, receiving support from the Pastoral Land Commission, Movement of Peoples Affected by Dams and Cimi.

At the meeting of the Minorities and Environment Commission at the Chamber of Deputies, the indigenous representatives participated in a special public hearing and delivered a document to the session president, federal deputy Fernando Gabeira (PT-RJ). They accused the projects of harming the environment and called for suspension of the Tocantins-Araguaia waterway, roadways and hydro projects planned that affect indigenous lands. The indigenous peoples believe that the project's promises to bring development to the region is a lie. Such enterprises place at risk the survival of indigenous and riverbank dweller populations, who live off the land. The committee left the meeting enthused with the proposal of the federal deputy to request a public hearing in Palmas (TO) to discuss the issue.

At Ibama, the indigenous leadership pointed out flaws in the Environmental Impact Assessments, necessary instruments for the environmental agency to grant building licenses and demanded their right to be heard. They complained of abuses by Ibama during surveillance on indigenous lands and negligence in dealing with loggers and poachers that invade indigenous lands. The agency president, Hamilton Nobre Casara, made a commitment to hold public hearings inside the villages affected by the processes of licensing enterprises and scheduled a meeting to hear the accusations of environmental abuse in greater detail. Meetings continue throughout the week with the Federal Attorney General's Office and Funai.

FHC Changes Minister of Justice Again

President Fernando Henrique Cardoso swore in a new minister of Justice. The former minister, Head of the General Secretariat of the Presidency, Aloysio Nunes Ferreira, has taken the position, replacing José Gregori, who leaves to take over the Brazilian Embassy in Portugal. The change of ministers is part of the president's election strategy of using political reform to nominate political allies that will be useful in next year's elections. The position occupied by Aloysio Nunes, a strategic position in relations between the Executive Branch and the National Congress, was given to deputy Arthur Vírgílio (PSDB-AM), former leader of the government in the Chamber of Deputies. Aloysio Nunes Ferreira, elected federal deputy (PSDB-SP) in 1999, is the seventh minister of Justice in seven years of government, an average of one per year. The minister that lasted the longest at the job, two years, was Nelson Jobim, who is currently on the Federal Supreme Court. The minister who lasted the least amount of time was Milton Seligman, who took the position provisionally for three months.

Brasília, 22 November 2001.
Indianist Missionary Council - Cimi

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