A decision by the State Court of Roraima revoked the repossession order in favor of farmer Ernesto Francisco Hart, issued this Thursday (16), and reaffirms the territorial right of the communities of the Manoá-Pium indigenous land to remain on the site until the action is definitively judged by the Federal Court. The action filed earlier this week is against the same farmer who was removed from the Raposa Serra do Sol Indigenous Territory.
The communities brought the territorial situation to the attention of the Federal Public Prosecutor's Office (MPF) in several letters. During the 52nd General Assembly of Indigenous Peoples, they personally delivered the document and requested that the Public Prosecutor, Alisson Marugal, transfer the case files to the federal judicial section. Upon being informed of the ongoing proceedings, the State Court understood that the decision should be made by the Federal Court, as stated in the ruling that "it is the responsibility of the Federal Court to decide on the existence of a legal interest that justifies the presence, in the proceedings, of the Union, its autonomous agencies or public companies".
The CIR's legal counsel provided all the information that supported the MPF's request. "Because it deals with the collective rights of Indigenous peoples, jurisdiction lies with the Federal Court," explained Dr. Junior Niccacio Wapichana.
The presiding judge of the Bonfim District Court, Liliane Cardoso, in declining jurisdiction over the case, also ordered the documentation to be sent to the federal judicial section in Roraima. "Considering the content of the information and documentation attached to the case file by the Federal Public Prosecutor's Office, in light of the foregoing, I decline jurisdiction to judge the case and order the case file to be sent to the Federal Judicial Section of Boa Vista/RR."
The case of the retaking of the Manoá-Pium indigenous land began on February 27th of this year, when the indigenous people decided to reclaim the territory after an invasion of the area by the then-farmer Ernesto Francisco Hart, who claimed ownership of the Bom Futuro Farm, located within the area traditionally held by the indigenous people. Following the retaking, indigenous leaders were denounced and summoned as invaders, according to the farmer's allegations.
On March 8th, the general coordination and legal advisory team of the Indigenous Council of Roraima (CIR) visited the reclaimed land and reaffirmed their commitment to defending indigenous rights, especially the right to land, guaranteed in the Constitution as a basic right of indigenous peoples.
The situation of the Manoá-Pium indigenous land is already known to the Federal Public Prosecutor's Office (MPF), the National Foundation for Indigenous Peoples (Funai), the Ministry of Indigenous Peoples (MPI), and other federal agencies. The letter from the 52nd General Assembly of Indigenous Peoples of Roraima, delivered to the President of the Republic, Luiz Inácio Lula da Silva, on the 13th, also details the situation and requests urgent action on behalf of the indigenous communities of the Manoá-Pium Indigenous Land, who are awaiting a favorable and definitive decision.
For CIR, the decision “is important and reinforces the original right of the indigenous communities of the Manoá-Pium territory, in addition to contributing to a favorable decision for the indigenous people.”
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