EMERGENCY: Support Request from the Pataxó Indigenous Community

Novos Guerreiros, Brasil

We ask for attention and respect. We ask for action. We ask for dignity. OVERALL, WE ASK FOR HELP.

The PATAXÓ INDIGENOUS COMMUNITY of the village NOVOS GUERREIROS located in the indigenous territory of PONTA GRANDE, was surprised by a preliminary decision authorizing a repossession of land in an area of the village that is occupied by 24 Indigenous families. The Indigenous people were represented by Attorneys Pedro Dinis O’Dwyer and Fernando Zelada, in a hearing held by Federal Judge Pablo Baldivieso, on August 20th 2020, suffered a defeat that initially has a direct impact on 24 families, but which can eventually condemn the whole community and the inhumanity of not having a territory to live in and also exposure to COVID-19.

The judge determined:

”A repossession warrant is issued, and the requested squatters must be summoned to leave the place, in 05 (five) days, removing their belongings, including requesting police assistance, if necessary, taking into account in view of the peculiarities of the case in question. Once the reinstatement warrant is fulfilled, the period for contestation is open, within 15 (fifteen) days under the terms of art. 554, §1º, c / c art. 564, both from CPC / 2015: by a warrant, the occupants present at the location, who must be duly identified and qualified by the bailiff in charge of carrying out the due diligence, who must, if possible, identify the leader(s) of the Movement present there; by notice, the remaining occupants who are not found at the time of the due diligence. ”

If this preliminary decision is fulfilled, the weight of abandonment and death will fall on the Community’s shoulders. It is observed that FUNAI’s (Brazilian Indigenous People Foundation) role is to defend the interests of indigenous peoples, supporting them through resources and measures to avoid this horror that falls on the community. In addition to the flaws in the process (photo of the area with errors), the community has no voice through its legal representatives.

We appeal to society and to the Superiors of the Federal MP with the purpose of asking that they assume their role of fight in the defense of the interests of the indigenous people. And enforce what is determined by the Supreme Federal Court:

“The Supreme Federal Court (STF) decided to suspend, until the end of the coronavirus pandemic, all judicial processes and appeals for repossession and annulment of demarcation of indigenous territories in process in Brazil. The Articulation of the Indigenous Peoples of Brazil (Apib) considered the fact a victory for the national indigenous mobilization. ”

For us, it is an important decision, because indigenous peoples are being very affected in this context of a pandemic. Many communities are facing and adopting preventive measures on their own ”, points out Eloy Terena, from Apib (Brazilian Indigenous People Association)’s legal sector.”

Source: https://www.brasildefato.com.br/2020/05/06/stf-suspende-processos-de-reintegracao-de-posse-em-areas-indigenas-durante-a-pandemia (in portuguese)

https://www.redebrasilatual.com.br/cidadania/2020/05/stf-suspende-processos-de-reintegracao-de-posse-em-terras-indigenas/ (in portuguese)

The measure of the Judge (Mr Pablo Baldivieso) is, in our view, inhuman, unjust and disproportionate. However, the MP’s disinterest is blatantly frightening. The silence in the audience, the lack of communication with the indigenous leaders, causes chaos and fear in the community.

We ask for attention and respect. We ask for action. We ask for dignity.


Sincerely, Novos Guerreiros Indigenous Village