The demarcation of indigenous lands dominated the debate in a meeting on Tuesday (16) of the Parliamentary Front of Agriculture (FPA). A draft legislative decree (PDC 1041/2018), also presented on this Tuesday by Deputy Sérgio Souza (MDB / PR), vice-president of the FPA in the Southern Region, intends to annul an ordinance of Funai (National Indian Foundation) that certifies traditional occupation to the town Avá-Guarani in municipalities in the western region of Paraná.
The decision is unconstitutional, according to the deputy, because it does not obey the understanding of the Federal Supreme Court (STF) in the trial of the Raposa Serra do Sol Indigenous Land in Roraima, which validates 19 constraints to the demarcation process in Brazil. The decision of the STF also addresses the time frame, where only lands that were effectively occupied by indigenous peoples could be considered traditional on October 5, 1988, when the Federal Constitution was enacted.
“The demarcation process done by FUNAI is unconstitutional and violates principles such as suitability. The municipalities affected by the decision are part of a region that has been anthropized for more than 200 years. We will adopt legislative measures beginning with this decree to guarantee legal security not only to the lands of Paraná, but to all the demarcations of Brazil, “defended Souza.
The owners of the affected properties have, in the administrative scope, a period of up to 90 days to present their defenses in relation to the decision established by Funai. The ordinance still needs to go through the Ministry of Justice and then be sanctioned by the President of the Republic. According to the president of the FPA, Ms. Tereza Cristina (DEM / MS), FPA will support the rural producers of the west of Paraná in the presentation of the administrative defenses that will be presented, besides working for legislative measures that assure legal security.
“As long as we do not have an approved legislation that establishes the time frame we will face recurring problems of legal uncertainty in the demarcations of the whole country. It is a constant threat on the right of property and the decision must be fair to all sides,” said Tereza Cristina . The deputy also said that the FPA will meet with the Minister of the Civil House, Eliseu Padilha, and President Michel Temer to address the issue.
Deputy Evandro Roman (PSD / PR), coordinator of FPA’s Agriculture and Livestock Defense, stressed that legal and administrative assistance to farmers and property owners should be systematically done to avoid flaws and inconsistencies in the process. “We will support and secure the right to property,” Roman said.
FPA’s vice president, Deputy Alceu Moreira (MDB / RS), defended that the decision should provide legal certainty to all involved and not incite chaos, as in the land demarcation episodes in the country. “We need to support the from an administrative, legal and legislative point of view. The right of ownership can not be withdrawn in this way, whichever way it may be. There are generations of families that have survived their land for more than 100 years. There are cities and municipalities, with thousands of inhabitants, who need land to promote social development and economic activity in the region, “said the parliamentarian.
According to deputy Luis Carlos Heinze (PP / RS), problems in land demarcations happen all over the country. “In Rio Grande do Sul we have the same legal uncertainty. We can not handle the issue only at the time of the storm, “Heinze said.
Also on the topic, Deputy Zé Silva (SD / MG), vice-president of the FPA in the Southeast Region, reiterated that there is a consensus in the FPA that any demarcation of land must pass through the National Congress. “We want the parliament to carry out its function as representative of society and to take plausible legislative measures on land demarcation cases throughout Brazil. We can not depend on the interpretation of a judge. We need a legal framework to discuss the issue, “he said.
This text was translated by machine from Brazilian Portuguese.