quinta-feira, 15 de janeiro de 2009

Raposa Serra do Sol - For or against continuous delimitation

The current Federal Constitution (FC) guarantees to native inhabitants of Brazil the immemorial right to territorial possession, provided that it is technically proved that their physical and cultural subsistence depends on specific piece of land. However, the political issue involving the Indigenous Territory of Raposa Serra do Sol has confirmed reality is far more complex than what may be legally predicted.

Raposa Serra do Sol is a huge Indigenous Territory (IT) in the state of Roraima. Presumably due to the fact there are towns and electors in the IT, several ethnical groups, politicians and rice producers have controversial economical interests concerning its continuous delimitation. The decision on whether or not its delimitation must be continuous has been under Supreme Court’s analysis for months now.

As a matter of fact, article 231 (FC) and infra-constitutional laws which regulate the process of regularisation of indigeous territories state that any non-indigenous inhabitants must be removed from the IT, and rewarded accordingly, by the Union, for any goods or buildings. By the way, the continuous delimitation of Raposa Serra do Sol implies no loss of sovereignty, due to the fact it will remain as Union’s property, as well as any other IT.

Indigenous peoples, non-indigenous inhabitants and, especially, rice producers must respect the Supreme Court’s coming decision. Eventually, it will be definitely a constitutional resolution, no matter it seems legitimate or not.

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