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Brazil: indigenous land demarcation impacts farmers in Rio Grande do Sul state

By Kellen Severo

President Lula last week resumed the demarcation of indigenous lands in Brazil.

The ratification was signed for six areas during the so-called Acampamento Terra Livre (Free Land Camp), which took place in Brasilia.

This year’s event had the theme “The indigenous future is today. Without demarcation, there is no democracy!”

The Temporal Framework thesis states that only areas occupied by indigenous peoples up to October 5, 1988, the date of the promulgation of the Constitution, should be demarcated (Photo internet reproduction)

Organized by the Articulation of the Indigenous Peoples of Brazil (Apib), marches and lectures were held with the request that Lula resume demarcations.

The president has ratified indigenous lands in six states and promised that until the end of his mandate, he will demarcate as many lands as possible until the end of his mandate.

In Rio Grande do Sul, about 75 families of small farmers will be affected by the demarcation, according to Federal Congressman Alceu Moreira (MDB-RS), a member of the Agro Caucus in the National Congress.

The area that Lula demarcated as indigenous overlaps with farmers’ properties.

In the region, soybeans, corn, wheat, vegetables, and milk are grown.

“In Rio dos Índios there are 75 families and small producers, with an average property of 11 hectares, steep land, difficult to work in the fields.”

“These people will have to leave this land because an anthropological report says that 300 years ago, an Indian passed through there.”

“What we want to show is our anger, not with the President of the Republic, who committed this absurdity even at the beginning of the campaign, but with the Public Ministry and the Judiciary who, instead of defending what is fair for society, have followed this path of injustice”, declared Moreira.

AREAS READY FOR DEMARCATION

Besides these six areas demarcated as indigenous this week, others are awaiting the president’s approval.

Among them, possible impacts are being monitored in Abelardo Luz and Palhoça, Santa Catarina, which should affect rural producers.

New areas awaiting approval, according to Apib:

  • Porto Seguro (Bahia) – Aldeia Velha indigenous land
  • Rio Tinto (Paraíba) – Potiguara de Monte-Mor Indigenous Land
  • Palmeira dos Índios (Alagoas) – Xukuru-Kariri Indigenous Land
  • Palhoça (Santa Catarina) – Morro dos Cavalos Indigenous Land
  • Abelardo Luz (Santa Catarina) – Toldo Imbu Indigenous Land
  • São Félix do Araguaia (Mato Grosso) – Cacique Fontoura Indigenous Land
  • Tarauacá (Acre) – Indigenous Land Rio Gregório
  • Fonte Boa (Amazonas) – Acapuri de Cima Indigenous Land

In São Félix do Araguaia (Mato Grosso), farmers report that they are prevented from obtaining rural financing and carrying out the environmental regularization of the property because the area of Fazenda Curica is already listed as indigenous in the systems.

This is what the rural producer’s lawyer explains:

“The owner of Fazenda Curica has owned this property, with 16,781 hectares, since the 1970s, and over this time, he has carried out large farming projects of rice, corn, and soybeans.”

“Mr. Jose Edgar is not able to get any bank financing, he is not able to carry out any agricultural project, and he is prevented from carrying out any such project in the area.”

“This is because both the Incra and the environmental registries have this area listed as indigenous. The decree was never ratified.”

“During the previous government, this decree was sent to President Bolsonaro for approval, but the president did not approve it, and Sergio Moro ordered that the process be returned to FUNAI so that it could better analyze the case, this time in light of the Temporal Framework, and the process remained in this situation,” he explains.

TEMPORAL FRAMEWORK OF INDIGENOUS LANDS

Recently, the Federal Supreme Court president, Justice Rosa Weber, informed that the Temporal Framework of Indigenous Lands trial should resume on June 7.

The Temporal Framework thesis states that only areas occupied by indigenous peoples up to October 5, 1988, the date of the promulgation of the Constitution, should be demarcated.

Currently, the trial in the Court is tied, with one vote in favor of the Temporal Framework and one against.

If the STF decides to end the Temporal Framework, there will be an increase in legal uncertainty in the countryside.

TEMPORAL MARK IN THE NATIONAL CONGRESS

The Parliamentary Front for Agriculture and Cattle Raising wants to approve a bill establishing the Temporal Mark for Indigenous Lands.

According to the Agribusiness Caucus, the proposal should advance in the House in the coming weeks since the president of the House, Arthur Lira, promised to put the issue on the agenda soon.

This bill establishes the date of the promulgation of the Constitution as the Temporal Landmark for demarcating areas considering that the Indians occupied them until October 5, 1988.

The bill foresees the indemnification of farmers who have the areas of their properties demarcated as indigenous.

The demarcation of indigenous lands is one of the main themes of Brazilian agribusiness today and needs to be closely monitored because of the social and economic impacts in different areas of the country.

With information from Jovem Pan

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