HISTORY
The Indigenous Council of Roraima (CIR) was a pioneer in the creation of a legal department within an indigenous organization in Brazil. With 30 years of experience, the department had as its first lawyers Dr. Paulo Pankararu, and Joenia Wapichana, the first indigenous woman lawyer. In addition to them, the team had the collaboration of non-indigenous lawyers, such as Guilherme, Alexander Sena, Maria Luiza and allied lawyer Dr. Ana Paula.
The work of the lawyers, especially Dr. Joênia Wapichana, was fundamental for the guarantee of the territorial rights of the indigenous peoples of Roraima and Brazil, especially in the defense of the ratification of the Raposa Serra do Sol Indigenous Land.
Until March 2025, the CIR Legal Department team had the participation of Dr. Ivo Macuxi, in addition to law interns Zuli Kaimem and Carla Jarraira.
AREA OF EXPERTISE
The legal department's work encompasses both the judicial and extrajudicial defense of the collective rights of indigenous peoples, in all instances of the Brazilian judiciary and in international courts. This work is structured in four main axes: A) DEFENSE OF TERRITORIAL AND ENVIRONMENTAL RIGHTS. B) PROTECTION AND TERRITORIAL GOVERNANCE; C) LEGAL TRAINING. D) INDIGENOUS ADVOCACY.
Legal advice to 263 communities associated with the CIR and partners, covering 36 indigenous lands in Roraima and directly and indirectly serving more than 40 thousand indigenous people. The main action continues to be the defense of territorial rights, with an emphasis on the demarcation of indigenous lands. In addition, guidance to leaders on various topics, such as complaints of land invasion, strengthening of the indigenous legal system, environment, human rights, right to consultation, and among others.
We also act in institutional advice, carrying out the analysis of contracts and dealing with matters related to the CIR. In addition, we provide advice to the General Assembly of Indigenous Peoples and to the Expanded Deliberative Coordination of the CIR, ensuring the necessary legal support for decision-making.
TEAM
Currently, the CIR's legal department team is composed of two indigenous lawyers: Júnior Nicácio Wapichana, Fernanda Félix Wapichana and Luciane Xavier Macuxi. In addition, the team has two indigenous law interns, Bárbara Macuxi and Luciano Wapichana. The coordination of the department is under the responsibility of lawyer Júnior Nicácio.
In 2024, CIR's legal advice received national recognition when it was awarded at the 21st edition of the Innovare Award, highlighting the excellence of the work developed in defense of indigenous rights, through the training of indigenous law operators.
IMPORTANT MILESTONES IN THE DEFENSE OF INDIGENOUS RIGHTS
OVELÁRIO TAMES CASE: The Ovelário Tames case represents a milestone in the struggle for indigenous rights in Brazil, against police violence and impunity. Ovelário Tames, a young Macuxi man, was detained by civil police officers in the state of Roraima on October 23, 1988, and the next day he was found dead in a cell at the police station in the municipality of Normandy. On February 24, 1999, the Inter-American Commission on Human Rights (IACHR) published Merits Report No. 10/99, holding the Brazilian State responsible for violating the rights to life, liberty, security, and physical integrity. The report ordered the installation of a plaque in honor of the young man in the center of the city of Boa Vista, as a symbol of the fight against discrimination, intolerance, and impunity. Among other recommended measures, the creation of the Federal Public Defender's Office (DPU) and support for the "Rights Desk" project, in the amount of 90 thousand reais, aimed at training leaders and obtaining documents, stand out. In addition, the compensation of the young man's family in the amount of 90 thousand reais was determined.
JUDGMENT OF THE RAPOSA SERRA DO SOL INDIGENOUS LAND IN THE SUPREME COURT: In 2009, indigenous lawyer Joenia Wapichana, from the legal department of the CIR, made an oral argument in the Federal Supreme Court (STF), defending the ratification of the Raposa Serra do Sol Indigenous Land in its entirety, as established in the homologation decree. The Court confirmed the full demarcation of the area, covering 1,747,464 hectares, legalizing its constitutionality and reaffirming the traditional and original possession of the Macuxi, Taurepang, Wapichana, Patamona and Sará peoples.
RAPOSA SERRA DO SOL CASE AT THE IACHR/OAS: On March 29, 2004, the Indigenous Council of Roraima (CIR) and the Rainforest Foundation-US filed a complaint with the IACHR against the Federative Republic of Brazil for violations of the human rights of the indigenous peoples of the Raposa Serra do Sol Indigenous Land, and violent and severe incidents of environmental degradation that would have affected the life and integrity of the indigenous peoples of that Indigenous Land. On December 6, 2004, in response to a request from the CIR and the Rainforest Foundation-US, the IACHR issued precautionary measures (MC-818-04) to protect the physical integrity of the indigenous peoples of the RSS Indigenous Land, guaranteeing urgent protection measures until the demarcation process is concluded. In 2024, a hearing was held with the Inter-American Commission, in which the CIR reaffirmed the complaints and presented new elements on the situation of the indigenous peoples of the RSS Indigenous Land. The CIR is currently awaiting the issuance of the merits report by the IACHR.
COMPENSATION TO THE INDIGENOUS PEOPLES OF RAPOSA SERRA DO SOL: As part of a process of historical reparation for acts of discrimination and prejudice against the indigenous peoples of Roraima, the communities of the Raposa Serra do Sol and São Marcos Indigenous Lands received the amount of R$ 896 thousand. This amount was the result of compensation for collective moral damages, resulting from a lawsuit filed by the Federal Public Ministry (MPF) against journalist and documentary filmmaker Luiz Margarido and, at the time, Army Colonel Cláudio Barbosa de Figueiredo (CIVIL APPEAL No. 2009.42.00.000288-9/RR; Proceeding at Origin: 2887520094014200). The process began at the request of the indigenous communities, and the request was formally forwarded by the Indigenous Council of Roraima (CIR) to the Federal Public Prosecutor's Office (MPF), which adopted the appropriate measures to hold those involved accountable.
ACTING IN THE SUPREME COURT ON THE TIME FRAME CASE: Legal counsel has been actively acting as amicus curiae in the Xoktlen case, which sought to regulate the time frame thesis. The action was to ensure that the territorial rights of indigenous peoples are respected in accordance with the Federal Constitution, which establishes that these rights are original and do not depend on a specific date or event to be recognized and guaranteed. The action sought to strengthen the protection and recognition of indigenous territorial rights, combating the attempt to limit these rights based on a restrictive interpretation of the time frame.
DEFENSE OF TERRITORIAL RIGHTS: The legal counsel has acted decisively in the defense and monitoring of the demarcation processes of the Anzol, Arapuá and Anaro Indigenous Lands (TIs), which request the recognition and demarcation of their territories. In addition, the action has been fundamental in the areas that were left out of the demarcation, such as Manoá/Pium, Pium and Truaru. The legal team has also worked to prevent repossession and transfer these processes from the state courts to the federal courts, which is the competent body to deal with the rights of indigenous peoples. In the case of the Anaro Indigenous Land, the federal court ensured the right of traditional tenure to the indigenous peoples of the region, who are awaiting the removal of the invaders. In relation to the Arapuá Indigenous Land, a Working Group (WG) was formed to begin the studies to identify the area and continue the demarcation process. In Roraima, most indigenous lands were demarcated in the 1980s, based on a model of forced integration, and on "islands" that did not respect the traditional tenure of the communities, a concept that was only overcome on October 5, 1998, with the promulgation of the new Federal Constitution.
APPLICATION OF COMMUNITY INTERNAL REGULATIONS: Through the strengthening of territorial governance and the application of community norms, another case that reached the Common Courts resulted in the recognition of the Internal Regulations of the Pium Community, located in Serra da Lua, which applied penalties to an indigenous person in accordance with the rules established by the community itself (Criminal Action No. 0800305-63.2017.8.23.0090). In addition to this case, the Court also recognized the traditional form of conflict resolution in other indigenous communities, such as Manoá (TJ-RR, Criminal Appeal 0090.10.000302-0) and Maturuca, validating the mechanisms of indigenous justice and respecting the rights of communities to resolve their issues autonomously and in accordance with their traditions.