terça-feira, 17 de julho de 2012
Note to repudiate the order of the Federal Government which handles Supreme Court decision in
The Indigenous Missionary Council, CIMI, publicly expressing outrage against the publication, in this July 17, 303 of the Ordinance, the Official Gazette.The Federal Government, making use of the Attorney General's Office, handles, outrageously, the Supreme Court's decision, taken under the 3388 Petition, which relates solely to the case of the Raposa Serra do Sol in Roraima state, not having thus binding. In this sense, there are already three injunctions of Ministers of the Supreme Court that manifest this understanding. Moreover, the case has not yet become final. With this order, the government distorts the decision of the Supreme Court pervasive and retroactive applicability of so-called "restrictions" issued by the trial of the case cited.The absurdity is such that the Executive gets to the point of determining who are "revised" current procedures that are in violation of the ordinance, and which are "reviewed and appropriate" even the procedures already "finalized." At no time did the ministers of the Supreme Court gave no indication that the "conditions" would have this extension. This device provided for in Article 3 of this ordinance, constitutes an act of extreme irresponsibility and reckless as it proposes to revise the boundaries of land already completed, which would create a legal and political instability unprecedented. In practice, this would mean the conflagration widespread land disputes involving the ownership of Indian lands, including the reopening of those previously addressed in the act demarcation.The real intention of the Government of Brazil to edit this Order is nothing but to try to stop once the procedures for recognition of demarcation of indigenous lands in the country. Using a decision of the Supreme Court as a subterfuge, the Federal Government, once again, "bend your knees," and praying the booklet of capital dictated by agribusiness, tries to put a "whitewash" on Article 231 of the Constitution of our country .This Order is an outgrowth legal and thus should be treated. Constitutes at most a part policy badly formed. It is more an act of profound disrespect and affront to indigenous peoples and their constitutionally guaranteed rights.CIMI has full conviction that the Justices of the Supreme Court will not allow their decisions are used to attack the constitutional provisions in force.CIMI, along with the indigenous peoples of Brazil, will use all legal means possible to demonstrate the illegitimacy and illegality of this ordinance.