For the third time in 30 years, the Brazilian Indian Foundation (FUNAI) is asking Aracruz to expand lands to the Indians of ES, even though the company proves it does NOT occupy and has NEVER occupied Indian lands, and as NEVER removed or driven out Indians from their lands, having ALWAYS acquired its lands by legal means.
The Federal Constitution is clear in its definition of "Indian lands": "Art. 231, § 1. These are lands traditionally occupied by the Indians, those inhabited by them in a permanent manner, those utilized for their productive activities, those essential to the preservation of the environmental resources that are necessary for their well-being and those necessary to their physical and cultural reproduction, in accordance with their practices, customs and traditions."
Statute of the Indian
"Art. 26. The federal government may establish, anywhere within Brazilian territory, areas given over to possession and occupation by the Indians, where they may live and support themselves, with the right to use and benefit from the indigenous natural resources, and may organize themselves according to one of the following formats: (a) Indian reservation; (b) Indian park; (c) Indian agricultural colony; and (d) federal Indian territory."
According to Art.26 of the Statute of the Indian, an Indian reservation is a kind of rural settlement that requires expropriation.
A FUNAI report of 1994
Entitled "The Tupiniquim along the Brazilian coast", states that: "... In the 16th century, the Tupiniquim occupied a strip of land between Camamu (BA) and the river São Mateus (or Cricaré), extending to the Province of Espírito Santo."
It was also said in the FUNAI report that: "We did not find any mention of the Tupiniquim during the 17th or 18th century."
What the historians have to say
This map, from the book Mem de Sá - Third Governor General (1557-1572), by the historian Herbert Ewaldo Wetzel, shows where the Brazilian Indians were located in the 16th century. The area claimed was never inhabited by the Tupiniquim, who lived 140 km away.
According to historians such as Luiz Felipe de Alencastro, Warren Dean and Carlos Moreira Neto, among others, is visible that various ethnic backgrounds has lost their traditions and habits.
"Art. 26. The federal government may establish, anywhere within Brazilian territory, areas given over to possession and occupation by the Indians, where they may live and support themselves, with the right to use and benefit from the indigenous natural resources, and may organize themselves according to one of the following formats: (a) Indian reservation; (b) Indian park; (c) Indian agricultural colony; and (d) federal Indian territory."
According to Art.26 of the Statute of the Indian, an Indian reservation is a kind of rural settlement that requires expropriation.
A FUNAI report of 1994
Entitled "The Tupiniquim along the Brazilian coast", states that: "... In the 16th century, the Tupiniquim occupied a strip of land between Camamu (BA) and the river São Mateus (or Cricaré), extending to the Province of Espírito Santo."
It was also said in the FUNAI report that: "We did not find any mention of the Tupiniquim during the 17th or 18th century."
What the historians have to say
This map, from the book Mem de Sá - Third Governor General (1557-1572), by the historian Herbert Ewaldo Wetzel, shows where the Brazilian Indians were located in the 16th century. The area claimed was never inhabited by the Tupiniquim, who lived 140 km away.
According to historians such as Luiz Felipe de Alencastro, Warren Dean and Carlos Moreira Neto, among others, is visible that various ethnic backgrounds has lost their traditions and habits.
Aracruz`s questioning
How is it possible for someone to have removed or expelled the Tupiniquim Indians from their lands when the historical records show that they never inhabited that area?
How is it possible for someone to have removed or expelled the Tupiniquim Indians from their lands when the historical records show that they never inhabited that area?
Aracruz's challenge
Aracruz Celulose has documents and data to challenge FUNAI's recomendation, wich for the third time in 30 years, is asking Aracruz to expand the Espírito Santo Indians reservation on the company's lands.
Aracruz Celulose has documents and data to challenge FUNAI's recomendation, wich for the third time in 30 years, is asking Aracruz to expand the Espírito Santo Indians reservation on the company's lands.
The FUNAI report
The FUNAI report recommended the northern coast of the state of Espírito Santo has long been occupied by the Tupiniquim Indians.
The FUNAI report recommended the northern coast of the state of Espírito Santo has long been occupied by the Tupiniquim Indians.
See Also:
Evidence
Official Brazilian Census of 1920 and visual evidence reinforce the fact that there were no presence of Indian villages in the region of Aracruz (ES).
