Photo: Marcelo Macuxi
On February 7, the Nova Esperança indigenous community, São Marcos Indigenous Land, obtained an injunction in the Federal Court that ordered the immediate removal of a fence built by a farmer from within the indigenous territory. The community brought to the attention of the Justice that Mr. José Américo, a farmer who was disintruded from the São Marcos Indigenous Land, installed fences, illegally planted stakes in the area of the indigenous land, making it difficult and limiting the use of the area by the indigenous people.
According to the Judge's decision, Dr. Felipe Bouzada Flores Viana, says. "He is convinced that he is the owner of the land, but this is a fact that does not exist at this moment. In what I see, he is arbitrarily exercising his own reasons, including I will officiate to the Federal Police to investigate Mr. José Américo Valentim because of this. Mr. José Américo does not have possession of the land, because he is an indigenous community, the land belongs to the Union. He would be, at most, a mere holder, but he is in fact plundering the property of the Union, where the community is located with this fence that is there, and every day, this dispossession of possession is renewed and, also, the disturbance of the possession of the indigenous community," said the judge.
The judge also determined that Mr. José Américo has a maximum period of 60 days to remove the fence, tearing down and cleaning the land, under penalty of a monthly fine set at R$ 10,000 (ten thousand reais).
For legal advice from the Indigenous Council of Roraima (CIR), the Court's decision reaffirms the exclusive usufruct of indigenous peoples over the territories they occupy, as expressed in the Federal Constitution. The Federal Constitution also says, acts that have as their object the occupation, dominion and possession of lands are null and void, not producing legal effects.
According to the coordinator of the Association of Indigenous Peoples of the São Marcos Land (APITSM), Marcelo Macuxi, justice through Judge Dr. Felipe Bouzada Flores Viana, only reaffirms and guarantees the maintenance of our rights over our territory. According to the leader, years ago, another judge gave a totally contrary opinion that generated several problems, such as the implementation of fences at the entrance to the communities and the placement of landmarks creating limits within an area recognized for indigenous peoples. In some cases, we were notified of a ban on circulation in some areas of which the invader claimed to be the owner.
"We all know that in the São Marcos Indigenous Land, it is the only area outside the indigenous territorial perimeter is the Peloton. The rest is the entire indigenous area. And when we have a court decision saying that the farmer has the right to the repossession of his lands, we are sad to see that the Brazilian State, in the 21st century, still continues to attack us, as they did in 1500. But today we can say that justice in fact played its role following our Magna Carta guaranteeing our right to exclusive usufruct over our territory, the right to life. Because without the land we are nothing. Nature is our Mother, because a people without land is nothing, because it is from here that we continue to fight, resisting so that we have a future for our communities", he highlighted.
The São Marcos Indigenous Land was demarcated in 1976, and ratified in 1991 after a long process of indigenous mobilization. It is an area of the Macuxi, Wapichana and Taurepang peoples, with more than 7 thousand indigenous people.