Indigenous peoples suffer with each passing day, with the disrespect and violation of their rights guaranteed in the Federal Constitution of 1988, especially the right to land. This is the case of the Pium Indigenous Land, Tabaio Region.On December 1, 2021, the community suffered violence by the Special Police Operations Battalion (BOPE) of the Military Police of Roraima heavily armed with machine guns, shields and non-lethal weapons during the fulfillment of a judicial warrant issued by the judge of law of the District of the Municipality of Alto Alegre. That after the contestation of the action by the Community and the MPF declared itself incompetent to judge the process because it involves indigenous rights.
About to complete five months since the attack, residents still live scared and shaken by the fact that happened. Families who lived in the area report that they were not notified about the repossession. Everyone who was living in the place had their houses knocked down by a tractor and set on fire. The PM also acted with truculence and violence by shooting tear gas, pepper spray and rubber bullets at fathers, women, young people, the elderly and even children.
In all, 14 houses were destroyed by the police. To this day, people cannot understand why this happened. There, according to residents, it is an area belonging to the Pium community and they have lived there for several decades. But farmers who border the Indigenous Land are invading the territory by making fences within the area, changing the demarcation marks, and even the signs that were installed by the National Indian Foundation (Funai).
The fight between the community and farmers is not recent. This has been happening for many years. On the day of the police attack, residents report that people from the neighboring farm were at the time following closely. That soon after the houses were all knocked down, farm employees set the houses on fire one by one. In one of the residences, they even burned a family's dog.
All the residents of the community fear for their lives. This is because, even after losing everything, they say that gunmen armed with firearms have been prowling the limits and even inside the indigenous area, using weapons to intimidate the indigenous people.
In the Pium community, families of the Macuxi, Wapichana and Sapará peoples live. The Pium Indigenous Land has 4,607.61 hectares and approximately 500 people. Despite the small space, leaders have been denouncing the invasions for years.
The Pium Indigenous Land had the area demarcated in the 1980s by the National Indian Foundation (Funai), that is, during the military dictatorship. During the identification and delimitation process, the area was reduced after great pressure from squatters who invaded the indigenous land. Because of this, there is a request for restudy of the demarcated area filed with FUNAI since 2000.
The demarcation did not take into account the natural resources of the territory, such as the source of the community's streams, which are fundamental sources for the physical and cultural survival of the peoples. Recently, an alleged owner filed a lawsuit against the residents of the Pium community. In which he claims to be the owner of that same area that was being occupied by the indigenous people.
According to the residents' report, invasions and threats have been intense, because of the area that is owned by the community. Also according to information, since April 2021, two farmers have sought out community leaders and claimed to have bought the land. Shortly thereafter, they began to plow the site to plant soybeans within the demarcated area and also the reclaimed area, a space for collective use by the community.
On December 1, 2021, BOPE riot police attacked residents of the Pium Indigenous LandOn December 1, all the residents had an unpleasant surprise. As Dona Ângela Maria recounts, her house was the first to be knocked down. She comments that it was around 6 am when the tractors passed by. At that moment, Dona Ângela's husband left to warn the tuxaua of the community.
"As soon as he left, it was time for them to arrive with the bailiff, BOPE and Fire Department personnel. Then the bailiff came to tell us that he was there to do the repossession, that we had a few minutes to go out and take our things. Then as there was only me and my small children aged 5, 7 and 10, they already ran into the house to get some clothes and wrapped them in the sheet. We tried to talk to them, but there was no agreement. For me it was a very horrible thing. That day I felt like it was happening to me inside my own home, in an area that is rightfully ours. It was a bad feeling, because I had never felt this in my skin", she says emotionally.
Another resident who had his house destroyed and soon after burned down, was Mr. Francisco Sapará, who with a lot of struggle built a place to raise animals. But who had his dream destroyed by the invaders.
"I built my shack, I chose this place where I was going to raise my pigs and chickens. But today what we can see is all the work, an effort that we had everything destroyed by these invaders. It is very sad all that they did to us. But we will build again and God willing we will win this land, not only for the Pium community, but for all the indigenous people who live in our region," said Francisco.
DECISION OF THE STATE COURT
On March 22, 2022, the Judge's decision came out recognizing the incompetence of the State Court to analyze the case and that the case should be referred to the Federal Court because it involves a dispute over indigenous rights, as prescribed by article 109 of the Federal Constitution.
The opinion of the Federal Public Prosecutor's Office (MPF) was in the same sense, that is, that the case should be analyzed by the Federal Court, since it deals, at least in theory, with indigenous rights, and considering that the MPF does not appear as a party, it should intervene as an inspector of the legal order, which is why it defended the declaration of incompetence of the State Court, and the referral of the case to the Federal Court, Judicial Section of the State of Roraima.
Another point is that this lawsuit, which had the injunction in December 2021, is practically the same as another lawsuit that farmers from the same family that previously filed a repossession lawsuit. And after the community's defense, the case was sent to the Federal Court. The community was already aware of the first lawsuit, asked to participate in the process for the collective interest of the community in the defense of indigenous territorial rights.
"The judge of the District of Alto Alegre declined jurisdiction in the Pium/Tabaio case, that is, she recognized that the Federal Court has the competence to analyze conflicts involving indigenous rights. The Legal Department of the Indigenous Council of Roraima (CIR) has been following the process since the leaders asked for it. In addition to the MPF, now the community will ask to be qualified in the Processes in the Federal Court", stressed the legal advisor of the CIR, Dr. Ivo Aureliano Makuxi.
For tuxaua Maria Oliveira Justino, all the events only served to strengthen the community even more. She says that because she is a leader, she will unite her people even more to continue in the fight for the territory. That they will not give up and build houses again in that locality.
"As a leader, together with my people, I will continue in the fight for our territory. Because this has only strengthened us. We will continue to build our houses, because we will not lower our heads and we will move forward together giving strength to each other and working together. Here, these houses that were torn down, we built together and so we will continue. I was very sad, because they also destroyed my house, burned everything down. But let's get excited and build everything again," concluded the tuxaua.