Indigenous Peoples BRAZIL Alarm !!!: ATTORNEY GENERAL OF THE UNION - 303 ORDINANCE OF 16 JULY 2012
Non official translation by Earth Peoples
ATTORNEY GENERAL OF THE UNION - 303 ORDINANCE OF 16 JULY 2012
Provides for the institutional safeguards to Indigenous Peoples lands as understanding set by the Supreme Court on Petition 3388 RR.
ADVOCATE GENERAL OF THE UNION, using the powers conferred upon him by art. 87, sole paragraph, section II of the Federal Constitution and art. 4, items X and XVIII, Supplementary Law No. 73 of February 10, 1993, and considering the need to regulate the activities of the units of the Attorney General’s Office regarding institutional safeguards for indigenous lands, in terms of understanding fixed by the Supreme Court in 3388-Petition Roraima (Raposa Serra do Sol), whose range has been clarified through the OPINION paragraph 153/2010/DENOR/CGU/AGU duly approved, resolves:
Article 1. Fix the interpretation of safeguards for indigenous lands, to be uniformly applied by judicial organs of the Federal direct and indirect, determining that the notice by the Supreme Court decided in Pet. 3888-Roraima, in the form of the conditions below:
“(I) the enjoyment of the riches of the soil, rivers and lakes existing in indigenous lands (art. 231, § 2, of the Constitution) can be relativized whenever there is a relevant public interest of the Union in the form of a supplementary law, art. 231, 6, of the Constitution. “
“(II) the enjoyment of Indigenous Peoples does not encompasses the use of water resources and energy potential, which will always depend on congressional authorization.”
“(III) the enjoyment of the Indigenous Peoples do not cover the prospecting and mining of mineral resources, which will always depend on congressional authorization while assuring them involvement in the mining results, according to Law.”
“(IV) the enjoyment of Indigenous Peoples does not include mining nor faiscação(?) and should, if necessary, be obtained through a small-scale mining permission.”
“(V) the enjoyment of Indigenous Peoples does not outweigh the interest of national defense policy, the installation of military bases, units and posts and other military interventions, the expansion of the strategic road network, the exploitation of alternative energy sources of strategic nature and seclusion of wealth of strategic nature, which is at the discretion of the competent bodies (Ministry of Defense and the National Defense Council), that will be implemented regardless of consultation with indigenous communities involved or FUNAI. “
“(Vi) the performance of the Armed Forces and Federal Police in the Indigenous Peoplesarea, as part of its duties, shall be secured and will occur regardless of consultation with indigenous communities involved or FUNAI.”
“(VII) the enjoyment of Indigenous Peoples does not prevent the installation, by the Federal Government, of public facilities, communication networks, roads and transportation facilities, besides the buildings necessary for the provision of public services by the Union, especially for health and education” .
“(VIII) Indigenous Peoples enjoyment and use of/in protected areas is under the responsibility of the Chico Mendes Institute for Biodiversity Conservation.”
“(IX) the Chico Mendes Institute for Biodiversity Conservation responds to, and manages the protected areas of Indigenous Peoples land with the participation of the indigenous communities, which should be heard, while taking into account the customs, traditions and customs of Indigenous Peoples and can count on advice from FUNAI. “
“(X) the traffic of visitors and non-Indigenous Peoples researchers shall be permitted in protected areas in the hours and conditions stipulated by the Chico Mendes Institute for Biodiversity Conservation.”
“(XI) (the traffic of visitors and non-Indigenous Peoples) shall be allowed entry, transit and stay of non-Indigenous Peoples on the remaining area of indigenous land to the conditions set out by FUNAI.”
“(XII) entry, transit and stay of non-Indigenous persons can not be the object of collection of any amounts or charges of any kind on the part of indigenous communities.”
“(XIII) the charging of fees or sums of whatever nature cannot be requested/imposed in exchange for the use of roads, public facilities, power transmission lines or other equipment and facilities placed in service to the public (on indigenous land), and are expressly excluded from approval, regardless if the Indigenous Territory was ratified, or not. “
“(XIV) indigenous lands can not be leased or object of any act or legal business that restrict the full exercise and enjoyment of the direct ownership by the indigenous community or by the Indigenous Peoples (art. 231, § 2 of the Federal Constitution c / c art. 18, caput, Law No. 6.001/1973). “
“(XV) It is forbidden to any person outside the tribal groups or indigenous communities, the practice of hunting, fishing and gathering fruit, as well as mining or agricultural activities on indigenous land,(art. 231, § 2 of the Federal Constitution , c / c art. 18, § 1. Law No. 6.001/1973). “
“(XVI) lands under occupation and ownership of groups and indigenous communities, the exclusive use of natural resources and the existing utilities in the occupied lands, are subject to the provisions of arts. 49, XVI and 231, § 3, of CR/88 and the Indigenous Peoples income (art. 43 of Law No. 6.001/1973), enjoy full tax exemption, and are not subject for the collection of any taxes, fees or contributions on some and or others. “
“(XVII) The expanding of already demarcated indigenous lands is prohibited.”
“(XVIII) indigenous rights related to their lands are imprescriptible, which are inalienable and unavailable (art. 231, § 4, CR/88).”
“(XIX) it is ensured the participation of federal agencies in the administrative procedure of demarcation of indigenous lands, embedded in their territories, observed the phase in which they find the procedure
Article 2. The ongoing procedures that are in disagreement with the conditions indicated in art. 1st will be reviewed within one hundred twenty days from the date of publication of this Ordinance.
Article 3. The procedures will be reviewed and finalized suited to this Ordinance.
Article 4. The procedure for conditioning XVII, regarding the sealing of any expansion of indigenous land already demarcated (ratified) completed by revision does not apply to cases of incurable addiction or absolute nullity.
Section 5. The procedure for conditioning XIX is one set by ordinance of the Minister of Justice.
Article 6. This Ordinance shall enter into force on the date of its publication.
LUCENA LUÍS IGNATIUS ADAMS