Changes in the rules for demarcating indigenous lands can generate conflict in the countryside

The new discussions about the rules for demarcating indigenous lands were the focus of another live broadcast by the Conexão Brasília project, from the Parliamentary Agricultural Front (FPA), held this Tuesday (13). On October 28th, the Federal Supreme Court will judge an injunction granted by Minister Edson Fachin that suspended the understanding of the court itself and the Attorney General's Office (AGU) on the time frame and conditions for demarcations. The debate, with experts from the Brazilian Agriculture and Livestock Confederation (CNA) and the Brazilian Rural Society (SRB).

Edson Fachin's injunction, granted in May, refers to a 2009 understanding in relation to the case of the Raposa Serra do Sol reserve, located in Roraima. “Today we live in a situation of insecurity because it will be very serious if we return to a pre-trial situation in Raposa Serra do Sol with land conflicts and violence in the countryside. It’s exactly what agriculture doesn’t need and what indigenous communities don’t need either”, warned CNA legal consultant, Rodrigo Kaufmann.

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The president of the Brazilian Rural Society, Teresa Vendramini, also agrees with Kaufmann's position. “What keeps rural producers up at night, leaves them apathetic, is legal uncertainty. There are producers who have been there for 30, 40 years. We should think about the side of these rural producers who followed Brazilian legislation and built their assets”, argued the SRB representative.

The former Minister of Justice and CNA consultant, Osmar Serraglio, also recalled that the rights of indigenous people are guaranteed in the 1988 Federal Constitution and regrets the interference of the Public Ministry in the indigenous issue. “Indigenous people are beginning to understand that they are the ones who have to decide what they want. Today, the Public Ministry interferes in everything. It does not allow them to identify what they intend to do with their land, it is interference, it is this insecurity that is being taken to the countryside and that the Supreme Court plants in Brazil in all areas”, highlighted the former minister.

Rodrigo Kaufmann, when defending the maintenance of the current understanding about demarcations, highlighted that Indians and producers can and should have a good coexistence. He mentioned the Raposa Serra do Sol case itself in which Indians participated in the rice production chain. “Both (producers and Indians) want the same thing, which is to grow, develop, provide comfort, bring joy to their communities and live well with legal security,” said Kaufmann.

Judgment

On the 28th, STF ministers must decide the future of the demarcations of indigenous lands. In May of this year, Minister Edson Fachin granted an injunction that suspended the effects of an opinion from the Federal Attorney General's Office (opinion 001/2017 AGU). The document uses as a basis one of the court's own decisions (PET 3388) on the Raposa Serra do Sol case, from 2009. In practice, the decisions determined that indigenous peoples only have the right to lands already occupied by them in periods prior to the date promulgation of the 1988 Constitution.

In this session, the court will also deal with the repossession action filed by the government of Santa Catarina against the demarcation of an indigenous community in the state. With the decision, Fachin determined that both the legal processes for reintegration and annulment of demarcations of indigenous lands and the AGU's opinion are suspended at least for the duration of the new coronavirus pandemic or until the end of the trial that deals with the issue in the STF.

Source: DATA

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