Recognition, Redistribution and Popular Participation: Towards an Integrative Judicial Policy

Motion to support the struggle of indigenous and quilombola peoples for the realization of their constitutional rights to land and dignity

Motion to support the struggle of indigenous and quilombola peoples for the realization of their constitutional rights to land and dignity

We, lawyers and popular lawyers organized at the National Network of Popular Lawyers and Advocates - RENAP, meeting in Luziânia GO from 25 to 29 November 2015 to celebrate the 20 years of existence and resistance of the Network, express our commitment to the fight indigenous peoples and quilombola populations in Brazil for the realization of their constitutional rights.

We understand, support and demand the urgent accomplishment of the demarcation of indigenous lands, an obligation of the Brazilian State inscribed in the Federal Constitution, so that indigenous peoples can exercise the Good Living and reproduce their customs, customs and traditions. Similarly, we demand that the territories of the remaining quilombo communities be demarcated and respected.

We repudiate the initiative of the ruralist bench in the Federal Legislature to create Funai's CPI, as well as repudiating the already installed CPI of the Missionary Indigenous Council, by the Legislative Assembly of Mato Grosso do Sul whose common goal is to disqualify the demarcation of indigenous lands , criminalize indigenous people and their supporters - as has been the case with popular indigenous lawyers - in order to make it impossible for indigenous peoples to exercise their original rights.

We repudiate the initiative of the same ruralist forces to create the Incra CPI, which aims to hinder the agency's work in carrying out agrarian reform, thereby effecting the dignity of rural working families throughout the country.

We repudiate the PEC 215 / 00 that intends to transfer the demarcation of indigenous lands from the Executive's scope to the National Congress, unarchived in the current legislature, which is being monitored daily by the indigenous peoples and their supporters and which intends to withdraw the right to indigenous quilombola territories. to the detriment of the interests of agribusiness, logging, political-financing contractors and permitting hydroelectric exploitation, etc.

We repudiate the pressure from conservative sectors on the Federal Supreme Court to adopt the unconstitutional concept of the so-called “timeframe” that disregards the historic debris perpetrated against indigenous lands and the animus of belonging and permanence of indigenous communities. As a result of this spurious pressure, the Second Class of the Supreme Court has been annulling Ordinances and Decrees homologating land traditionally occupied by indigenous peoples.

We further repudiate Funai's inertia in finalizing the administrative processes of demarcating indigenous lands, keeping roadside communities exposed to the daily violence of their detractors and depriving them of a dignified life. We also repudiate the subterfuge used by the Ministry of Justice to “dialogue” or “negotiate” indigenous rights over their lands, which are inalienable and unavailable, and the rights over them, imprescriptible.

Luziania, November 29 of 2015.