STF decision determines protection and preservation of the indigenous land where the last Tanaru lived

Mencius Melo – From Cenarium Magazine

MANAUS – Minister Edson Fachin, of the Federal Supreme Court (STF), granted an injunction determining immediate protection and preservation of Indigenous Lands (ITs) of isolated peoples and of recent contact. With the act, the Tanaru IT, where the last remnant of the Tanaru people lived, located in southern Rondônia (RO), will enter the list of protected areas. The minister’s decision, published last Monday, 21, frustrates farmers of that region that ‘targeted’ the 8,070 hectares of the area where the “Indian of the hole” lived.

According to the Articulation of the Indigenous Peoples of Brazil (Apib) which filed an appeal supported by the Argument of Noncompliance with a Fundamental Precept (ADPF 991), Fachin’s decision obliges the National Indian Foundation (Funai) to protect and preserve the Tanaru Indigenous Land. The magistrate’s order ordered the federal government to provide for the publication of ordinances restricting the use of territories where isolated indigenous groups live, with a deadline of up to 60 days.

In the ADPF, Apib sustained the violation of “fundamental precepts of the Constitution of the Republic, namely: the right to life and to psychophysical integrity (art. 5, caput), the right to live in their territories in accordance with their culture, customs and traditions (art. 231), and a socio-environmental threat (art. 225) to these traditional peoples”, promoted by the federal government. The entity blames the government of Jair Bolsonaro, for promoting a violent policy of occupation of territories belonging to native peoples.

Also read: In historic decision, STF determines that the federal government adopt measures to protect indigenous peoples

Victory

According to Eloy Terena, legal coordinator of Apib, the decision of the STF is a victory for the native peoples in the struggle to maintain their lands, culture and identity. “This ADPF is another important victory for Apib in the context of constitutional jurisdiction. It was proposed in June, in the context of Bruno and Dom’s death, and Apib went to the Supreme Court to seek specific protection measures for isolated and recently contacted indigenous peoples”, said Apib’s representative.

The important step taken by the High Court of Justice obliges the federal government to adopt measures until the final demarcation is completed. “The minister accepted some provisions such as, for example, the determination that the federal government must adopt all necessary measures to ensure the full protection of the territories with the presence of isolated peoples, ensuring that the ordinances of use restrictions are always renewed before the end of their validity and until the land is effectively demarcated”, said Terena.

Also according to the legal entity, a deadline was set for the preparation of a calendar that, in practice, aims to organize the steps to be taken by the government. “Another request accepted was the definition of a deadline of 60 days for the Union to draw up an Action Plan for the regularization and protection of indigenous lands. Now, we will have the mission to monitor whether the decision of the Supreme Court is actually being fulfilled”, Eloy Terena.

Lament

Txai Suruí, a young indigenous activist from the Indigenous Youth Movement of Rondonia, wrote in his social networks about the existence, space and legacy of the last Tanaru: “Known for his loneliness, he resisted until his last days to contact with non-indigenous people after so much trauma and violence. His territory must continue to represent resistance and must be preserved and cared for, becoming a conservation area”, he cried.

The Ninja Amazônia house, which monitors the struggle of indigenous peoples, published on its networks as soon as Fachin’s decision was published: “As soon as Tanaru’s death was confirmed, farmers filed requests to occupy the territory, at Funai,” it protested in a statement. According to the text, the Bolsonaro government is unlikely to apply Edson Fachin’s decisions. “Faced with Bolsonaro’s already known posture of disregard and attacks on the native peoples of Brazil, it is possible that it will be Lula’s government that will comply with the decision”, the publication noted.

Dispatch

In his dispatch, Minister Edson Fachin pontificated:

“Determine to the Union and Funai the maintenance of the Ordinance of Use Restriction No. 1,040, of October 16, 2015, of the Tanaru Indigenous Group, until the final judgment of merit of the present plea. I further order the Federal Government to provide, within ten days, the following information: (i) details of the situation of the Tanaru Indian known as Indio do Buraco, who died recently in its territory; (ii) to make available supporting documents of the expert examination in order to prove the procedures used and the results of the autopsy carried out on the corpse of our relative; (iii) what destination is intended to be given to the Tanaru Indigenous Land. I warn that in the case of sensitive and confidential information, the responsible authorities should inform this court, for due caution of the data. In the terms of Article 6 of Law 9.882/1999, notify the Presidency of the Republic and the Presidency of the National Indian Foundation to provide complementary information, if they so wish. I hereby indicate the case for the agenda of the Virtual Plenary, in order to consider, in time and manner, the referendum of the decision in precautionary seat”.