Newsletter n. 202

     ATTORNEY GENERAL QUESTIONS CONDUCT OF JOBIM AND 
ARGUES THAT DECREE 1,775/96 IS UNCONSTITUTIONAL

    The Federal Attorney for Citizenship Rights, Alvaro Augusto 
Ribeiro Costa, accepted on Monday, January 18, a petition filed by the 
Council for the Articulation of Indigenous Peoples and Organizations 
of Brazil (Capoib) to have Decree 1,775/96 declared partially 
unconstitutional and the conduct of the minister of Justice, Nelson
Jobim, questioned for having favored interest that are contrary to 
those of indigenous peoples and the Union. The opinion issued by 
attorney Alvaro Augusto requests attorney general Geraldo Brindeiro to 
send official letters to the president of the Republic recommending 
that Decree 1,775/96 be annulled or revoked and also that the improper 
administrative conduct of the minister of Justice be investigated.
    Capoib's petition considers that the inclusion of the adversary 
system or ``broad defense rights'' in the procedures for the 
demarcation of indigenous lands is not legally grounded. The Indians 
want decree 1,775/96 to be challenged on grounds that it is 
unconstitutional, particularly paragraph 8 of article two and all 
article 9. In his opinion, the attorney expands the suggestion and 
says that paragraphs 9 and 10 of article two are also illegal and 
accepts Capoib's reasoning, which refers to an opinion issued to the 
Government of the state of Para in 1993 by the then federal deputy 
Nelson Jobim  regarding the legal grounds of Decree 22/91. According 
to the ``New Lawyers' Statute and the Statute of the Brazilian BAR 
Association (OAB),'' members of the legislative branch are not allowed 
to perform private advocacy a activities. According to Capoib, the 
minister is using his position to benefit allies, based on the letters 
he wrote to States such as Para suggesting that they should contest 
demarcations. This is one of the facts that led the attorney to 
propose an investigation on the improper administrative conduct of 
minister Nelson Jobim.
    In his opinion, Alvaro Augusto recommends that the general 
attorney, Geraldo Brindeiro,  should file a suit against the decree at 
the Supreme Federal Court on grounds that it is unconstitutional and 
request a preliminary order to suspend its effects. This is at least 
the second legal defeat of the Ministry of Justice since Decree 
1,775/96 was issued. On February 14, judge Selene Maria de Almeida 
accepted a collective action brought by deputy Ivan Valente 
(Workers'Party-Sao Paulo) requesting that it be annulled. In her 
decision, the Judge determined that the ministers of Justice and 
Agriculture, the president of Funai and the president of the Republic 
himself were to be summoned in the procedures to provide 
clarifications on acts related to the decree.

             INDIANS PROMOTE MOBILIZATION AGAINST DECREE

    Indigenous leaders in various Brazilian capitals like Sao Paulo, 
Fortaleza and Recife are protesting and promoting public 
demonstrations against Decree 1,775/96. Between the 24th and the 28th 
of this month, about 400 indigenous leaders will be in Brasilia in a 
large national mobilization. The demonstrations are being supported by 
entities linked to the social movement. During the same period, Indian 
Jose Adalberto Macuxi will be representing Capoib at a seminar of the 
United Nations in Canada.

                       Brasilia, March 21, 1996
                 Indianist Missionary Council - CIMI