Tool for the regularization of the service of the grab

The technical report, prepared for the Operation in the Amazon’s Native (OPAN), in partnership with the Instituto Centro de Vida (ICV), which was launched on Thursday (3), which showed that more than 1 million acres enrolled in the property or possessions of the rural in the Rural Environmental registry (CAR) is levied on the lands of indigenous people in Mato Grosso, brazil. 

Indigenous leaders have participated in the start-up and pointed out the seriousness of the problem, which is caused when the Department of the Environment, the state of Mato Grosso (SEMA-MT), allows individuals to enroll in these areas, which are, according to the Federal Constitution of 1988, which are intended for the exclusive use of native peoples. This practice is irregular, raises a number of issues of social and a lack of cultural reproduction, and the physics of the community.

“It’s a sadness with the territory of being out and don’t have respect for them. You are experiencing deforestation without limits. The government, which frees them up to do the cutting and what you, knowing that the area has an owner,” he said Dineva, Mary Kayabi, the leadership of the people’s Kawaiwete, on the Indian territory (IT), Barge-in, which is located between the cities of Juara, of New Canaan in the North and the Tabaporã.

In the study, it was demonstrated that the earth has 99,87 thousands of hectares of overlap for a rural property. With a total land area of the 117,19 a thousand acres, with 85% of its territory, are laid down in the CAR.

In 2020, the technical report drawn up by the OPAN, pointed out that there were 47,38 thousands of hectares of overlap of the rural properties to the Native Land Barge. The figures confirm that the massive increase in the overlapping area of a rural property on the land, the indians, coming in at 110%, of the increase to a three-year period, between 2020 and 2023.

The president of the association of the indigenous Peoples and Indigenous Organizations from the state of Mato Grosso (Fepoimt), Also Xunakalo, also attended the launch and said that the institution is going to do something. 

“And your CAR is being used for a grab-and this is a cause of social problems. And this has been happening for a very long time. The Fepoimt wish to use this data to take action, or to talk with that of the state, the WEEK, for a review procedure, and the need to re-consider the way that it’s being done because it is wrong and it is hurting both of our rights.” 

IT Apiaká in the state, and the Isolated

In a recent study, in the month of September, a team of OPAN identified in the overlap of the two buildings, IT Apiaká in the state, and are Isolated in the city of Apiacás, both of which have a status of valid and without any liability on the environment.

The buildings all have the same owner. One of the farms was registered in August 7, 2020, while the second was recorded on July 17, 2020. The two entries have been validated, and on the 21st of February, 2024.

The two properties have a combined total area of at 2.49 million hectares, corresponding to 25 modules of the tax, and, therefore, are classified as the great property. It is important to note that, in addition to the overlap of the land, the indians, the two properties will also take over the National Park and the Juruena rivers, a conservation unit of integral protection.

The study 

To identify the CARs that are overlaid on the lands of indigenous people in Mato Grosso, brazil, was carried out the analysis of the data obtained from the National Foundation for Indigenous Peoples (Funai) and the SHEMA. Using a Geographic Information System, it was possible to compare the shapes of the lands of indigenous and rural properties that are registered with the System in Mato grosso state of the Rural Environmental registry (Simcar). In addition, we have carried out the analysis of the spatial dealing with the design of the overlapping areas of the lands of indigenous people.

With the data obtained, we were able to show just how much the TRUTH-MT and does not follow its own discretion at the time of the analysis of being overlaid on top of the lands of indigenous peoples in a browser,” says Ricardo Carvalho, the indigenous people of the OPAN, and one of the authors of the study. In addition, we also show how the criterion for what it says, then he is wrong to consider only the native lands ordinance, declaring at the time of the lock, and the CAR over the lands of indigenous people,” he said.

The CAR is a record of the public e-mail with a national scope, which is mandatory for all real estate in rural communities. It has been designed with the aim to integrate the information that is in the environment of the property, and possessions and rural areas, related to the Areas of Permanent Preservation (APPs), to restricted, to the Legal Reserve of the remnant of the forests and other native vegetation, and areas of accounting. The information that makes up a database for tracking, monitoring, evaluation, planning, environmental, economic, and combat illegal logging.

Created by the brazilian Forest Code in 2012, as a tool of environmental regulations, the CAR has become an instrument in the service of the grab. He does not have a purpose in the land, but the sign jagged areas that are considered as non-cadastráveis, such as the lands of indigenous people, paving the way for the development of economic activities by third parties, these areas are in direct violation of the Constitution, which guarantees the exclusive use of the lands occupied by indigenous peoples.

According to the report, on the lands of indigenous people in the study, and the limited, which accounted for 8% of the total number of territories in Mato Grosso, brazil, are concentrated in 49% of the total area of the real estate rural areas superimposed on it.

About 82% of the records in the lands of the indigenous people of Mato Grosso state, are active, or are the analysis or are in some stage of the validation process. On the other hand, only 13% of them, have been cancelled and the 5% is rejected which is equivalent to an area of 130 hectares. This scenario is at odds with the IN-02/2014 of the Ministry of the Environment and Climate Change, which states that the situation of the CAR, it should be listed as pending when you’re on top of it with indigenous peoples ‘ lands. 

For the analyst, social and environmental Instituto Centro de Vida (ICV), Children: Mary, a collaborator on the study, the overlap of the registration of rural land to indigenous goes beyond the violation of the rights of indigenous peoples.

‘In spite of the law to determine which of the records of environmental and rural indigenous lands are to be rejected, our results show that, in fact it’s not. Many of the territories of indigenous peoples also have the real estate register and the records of assets, which leaves them vulnerable to illegal activities. This situation is not only a disregard for the law, but it is also a threat to the integrity of these sites, and communities,” says Julia. 

The release of the document 

With the release of the report online, and carried out by the Observatory on social and Environmental-of-state of Mato Grosso is Observed (MT), with the mediation of the legal adviser, Edilene Fernandes, and has had the participation of the indigenous peoples of the OPAN, Ricardo Carvalho, the analyst with the social and environmental ICV, Julia, Mary, the vice-chair of the Coordination of the Indigenous Organizations of the Brazilian Amazon (Coiab), Alcebias Constantine Sapará, the executive director of the ICV, Alice, Thuault, accounting for the Observatory of the brazilian Forest Code (OCF), the analyst of public policy, Institute of Society, The population and the Nature of the case (ISPN), Patti Smith, the leadership of the indigenous Dineva the Kayabi, and the president of the Fepoimt, When Xunakalo. 

“Studies like this show that we need to be aware of what the CAR might be, and who you can become. When you open up a new law, I say unto you, that in the us it opens up a pandora’s box. At the end of the day, as we have seen, the inside of a Notice of MT is that the us needs to look after the law, as shall be governed by, and, what is more, they will be validated against the inside of the Judiciary,” he concluded Edilene Fernandes.