Rieli Franciscato case: find out what the law says about the possibility of punishing indigenous people in RO | Rondônia

HE G1 spoke with lawyers about what the Brazilian criminal law says about the punishment of indigenous people (Read below).

The Federal Police will take charge of the investigations and reported that it will not comment on the events. It only revealed that an investigation was launched at the Ji-Paraná (RO) police station.

The server of the National Indigenous Foundation (Funai) died on Wednesday (9) when he was on a mission to investigate the movement of isolated indigenous people in the region, after some were seen by residents of the area.

A Attorney for the Republic Gisele Bleggi, argues that isolated Indians do not submit to the common penal system. He stressed that the indigenous people did not know how to differentiate between enemies and defenders and fear that the conflicts between invaders and the “Isolated from Cautário” will worsen.

“We force them to submit to our norms, including our legal system, it is an attack against them and violates the Federal Constitution. Anyway, even if they were people who already had contact, in that situation they are living today, grileiros, they feel threatened, so for me the act of self-defense of the group is completely justified.

HE public defender Eduardo Borges, coordinator of the Center for the Defense of Human Rights and the Collectivity of the State Public Defender’s Office (DPE-RO), explained that the mere fact of being indigenous does not, by itself, make the person unimpeachable.

“The Indian can be held criminally responsible, provided, of course, potential awareness of irregularitiesbeing essential, in the concrete case, the procedural instruction to know the degree of understanding that this indigenous has about the Brazilian social life. Demonstrated that there is no potential awareness of illegality on the part of that individual, they can be exempted from the penalty, that is, the exclusion of guilt, “he said.

HE lawyer Danilo Henrique Alencar considers that each case should be analyzed individually to evaluate the level of integration of the indigenous person in the face of a criminal conviction.

“If it is found that the Indian is totally isolated, without any access or without any intervention from our society, he should be exempt from punishment. This cannot happen just because he is Indian.. The unimputability caused by incomplete mental development is different from whether the individual is Indian or not. It is necessary to verify that yes, in the specific case ”, he explained.

HE public defender Fábio Roberto He pointed out that for the existence of a crime it is necessary that the act be considered illegal in criminal law and that there is knowledge of the action.

“In order for this Indian to suffer some kind of sanction, he will first have to do a study, a anthropological experience to know if the Indian was in fact isolated or if he was an integrated Indian and, within an anthropological analysis, he was within a society like ours ”.

The Rondônia Public Defender recalls that in the event that an indigenous person is convicted, the judge must observe the article of the Indian Statute that determines the mitigation of the sentence and compliance with a special regime of semi-freedom in the federal agency for assistance to the indigenous people closest to the city. his living place.

The statute also allows “tribal groups” to apply criminal and disciplinary sanctions against the members themselves, provided there is no cruel, infamous or death penalty.

The Articulation of Indigenous Peoples in Brazil, the Coordination of Indigenous Organizations in the Brazilian Amazon and the Opi Observatory on the Human Rights of Isolated Peoples and Recent Contacts have revealed in a note that the indigenous peoples of the region have always been peaceful and it is necessary to take note that something changed their behavior.

Rieli Franciscato, 56, died on Wednesday (9) after being hit in the chest by a 1.5-meter bamboo arrow fired by the indigenous people. As soon as he was beaten, an attempt was made to help, but the Sertanista arrived dead at the hospital.

He was one of the great references in the work to protect the uncontacted Indians in the Amazon. The coordinator defended the non-contact with the group and acted to avoid a conflict with the local population. He was also part of the team that demarcated the first exclusive land for uncontacted Indians.

Isolated Indians in Brazil

The video talks about the policy of respect for isolated indigenous peoples.