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Brazil Justice Net

An alternative news source in Brazil,  building bridges to social movements working for a better world


NEWS FROM BRAZIL supplied by AGEN (Agencia Ecumenica de Noticias) and Servico Espiritano de Justica e Paz.

Number 50, October 22, 1992.

CHILDREN

- Children exposed to serious health risks as ant exterminators.

 

According to a report in the "Folha de Sao Paulo" of October 14 last, "girl ant-killers" are becoming very common in certain rural areas of the State of Minas Gerais. Most are in the 13 to 18 age bracket, they work for companies who plant trees, especially eucalyptus, and earn their living spreading chemicals to kill ants.

In the report, Alessandra Ribeira who lives in the municipality of Felixlandia and is 14 years old comments "The work is difficult and tiresome. Your hand becomes tired and irritated but it is the only work available in a town like this which is surrounded by eucalyptus trees". Alessandra is part of a group of 16 girls who each morning at 5.00 AM are taken by a truck to work in the forestry areas which belong to a company known as Ical. Other girls leave the city at the same time to do similar work for other companies.

The journey of the "girl ant-killers" on the trailer of the truck lasts two hours. Their work starts at 7.00 AM and consists in placing chemicals (in granular and liquid form) on the ant hills. They do not use masks or gloves even though they are in permanent contact with an ant poison which is highly toxic.

The "girl ant-killers" earn just over U.S. $2 per day. They are not registered nor have they health or other benefits. "It is a little bit of money which leaves one content when it is available because in the present crisis few people manage to get employment in this region" commented Geanne de Freitas who is 14 years old. Geanne went on to explain that in contrast to day workers in other sectors, the "girl ant-killers" hope that it does not rain. "If it rains there is no employment, because you cannot combat the ants during rain" she adds.

The "girl ant-killers" are offered work by the companies because as Tertuliano Chaves of the Ical company explains "We prefer women and girls because they have more patience in seeking out the ants". No trustworthy statistics exist to indicate how many young girls work in this activity. However, according to Robson Goncalves who is a local lawyer who deals with labor questions in the region "This activity has increased significantly because the companies are dismissing workers and taking on instead part-time workers. Just in my office, I am dealing with 30 of these cases".

Ants are one of the major problems in areas of reforestation. According to a spokesperson from one of the companies working in this area "a small ant hill would devour as much food as a cow in half a day". The eucalyptus grown in the region is used as an energy source in the metal industries nearby. According to lawyer Helio Frias Willefford who works with the federal roads department (Departamento Nacional de Estradas e Rodagem) the problems in Felixlandia increased significantly from 1972 onwards when American business man Daniel Ludwig bought 200 thousand hectares from 1.200 farmers in the region. "Before this there was an abundance. Now all that remains is hunger and unemployment which are being provoked by the deserts of eucalyptus" commented Willefford.

 

 

- Public prosecutors denounce overcrowding in childrens' prison (FEBEM)

 

Eight public prosecutors who are responsible for the area of infancy and youth lodged a court action on Thursday October 15 against the State of Sao Paulo government organ which caters for children and youth - the Foundation of the Well-Being of the Minor (Fundacao do Bem-Estar do Menor - FEBEM) and also against the government of the State of Sao Paulo. The "Folha de Sao Paulo" in a report in its edition of October 16, explains that the motive for the court action is overcrowding and other irregularities in the Provisional Holding Unit (Unidade de Acolhimento Provisorio - UAP) in Tatuape, in the eastern region of Sao Paulo city. The UAP is in effect a children's prison.

The children's prison in question receives youth in the 15 to 18 year bracket who have committed crimes. It was built to house 60 such youth; at the moment it houses 260. The State Secretary for Minors, Alda Marco Antonio, commented that overcrowding exists because "we plan to transfer these adolescents to the Imigrantes unit (southern region of the city). This building can house 280 adolescents; however it needs to be done up". According to the Secretary, a request that the building be prepared was already made to the competent state authorities and "for the last four months this question is being studied".

According to the public prosecutors, there are no social workers, psychologists or sufficient staff in the unit and the youth there have no classes or adequate medical, dental and psychological care. According to public prosecutors Ebenezer Salgado Soares, there is also a lack of mattresses, showers and toilets to attend all the adolescents. "There are as many as four minors sleeping on the same mattress" he commented.

State Secretary, Alda Marco Antonio, admitted that there had been a shortage of sheets, soap and towels "which had been hidden in a press by a functionary who has since been dismissed". According to the Secretary, at this point in time "there are no more than two youth sleeping on the same mattress and the number of functionaries has increased from 45 to 100.

On October 22, judge Daniel Pechanca de Moraes in an initial judgement, decreed that a maximum of 60 adolescents may be housed in Tatuape. FEBEM and the Sao Paulo government according to the decree are obliged to transfer the remainder to other Holding Units in Sao Paulo. Failure to comply with this decree will result in a fine of approximately U.S. $2000 per day.

On October 14, the Lawyers Association of Sao Paulo (OAB/SP) released a report outlining the calamitous situation of violence faced by children and youth in Sao Paulo. Amongst other proposals, the OAB called for the construction of adequate buildings for youth offenders, they stressed that first offenders amongst the youth should be separated from those who have a history of crime and outlined a list of other proposals which would reduce the crime rate amongst youth. A summary of this report can be found in last weeks' NEWS FROM BRAZIL.

 

 

HUMAN RIGHTS

 

- Petition against Brazil submitted to the Inter-American Commission on Human Rights in the case of the massacre of the 111 prisoners.

 

On October 21, three human rights organization - Comissao Teotonio Viela (Brazil), Americas Watch (Washington) and the Center for Justice and International Law - CEJIL (Washington) submitted a petition against the State of Brazil to the Inter-American Commission on Human Rights. The petition is based on Articles 44 to 51 of the American Convention on Human Rights which Brazil signed on September 25, 1992.

An Americas Watch report released simultaneously in Washington and Sao Paulo also on October 21 refers to the massacre of 111 prisoners (84 were awaiting trial) in Sao Paulo's largest prison - the Casa de Detencao on October 02 last as follows:

"On the basis of the evidence now available to us, we believe that the killings lacked any justification. We find no indication that the prisoners posed an imminent threat to the lives of anyone.... No reasonable effort was made to restore control of the prison by means other than the use of lethal force. The testimony we obtained and the physical evidence we examined indicate that some of the prisoners had surrendered to the police and were naked and helpless at the moment that they were shot. Accordingly, Americas Watch finds that the deaths were summary executions by the police. Moreover, we find that the Sao Paulo authorities abused surviving prisoners, dealt with families of prisoners with extreme callousness and, up to this writing, have not demonstrated that they are prepared to conduct a good faith investigation nor to take measures to preclude further arbitrary deprivation of life".

The report claims that the poor conditions of the prison such as severe overcrowding prior to the massacre were also partially responsible for the tragedy. The inordinate amount of time taken (24 hours) before releasing details about the assault on the prison and the deaths of the prisoners is also questioned. Furthermore, the Americas Watch report fears that an adequate investigation into the massacre will not occur.

In its recommendations, the report calls on Sao Paulo state authorities to undertake an adequate and rapid investigation into the killings and to prosecute those responsible to the full extent of the law. I calls on the Sao Paulo government to release the autopsies, ballistics tests and criminal investigations. In cases where initial autopsies were not performed or were inadequate, the report calls for the exhumations of the bodies. It asks that medical examinations be conducted of the police wounded in the operation and asks that details of injuries, especially information concerning bullet wounds be disclosed. Other recommendations included in the report requests an impartial investigation of the massacre and also that a set of procedures be devised for handling prison disturbances which are designed to minimize violence and which includes as well a ban on the use of automatic weapons.

 

 

- Police violence accelerates in Sao Paulo.

 

The number of people killed in recent years by the military police in Sao Paulo shows a very frightening trend. In 1990 - the last year in office of former State Governor Quercia, the police killed 585 people. In 1991, during the first year of office of Governor Luiz Antonio Fleury the total jumped to 1.171 (almost a 100 per cent increase). Data available until June of 1992 shows that the killings by police will be 30 per cent more than in 1991 if the trends of the first six months continue until the end of the year.

A report recently released by the Lawyers Association of Sao Paulo (OAB/SP) throws an interesting light on this question. The number of deaths caused by the military police has been steadily on the increase since 1977. In that year, a federal law passed on to the military justice system the responsibility of judging police who are accused of having committed crimes. The OAB report believes that the so-called esprit de corp in the police force together with the 1977 law means that cases involving police are not impartially investigated and that police thus have much more liberty to practice violence.

Another statistic which clearly shows the extent of police violence is that of the relationship between those killed and those wounded by the military police. During the first six months of 1992, the military police killed 752 people and wounded 48. If the order to fire to kill were to be used as a last resort, the proportion of the wounded to the dead would clearly be the reverse.

 

- Formation of a Democratic Movement Against Nazism and All Forms of Discrimination.

 

An organization entitled the Democratic Movement Against Nazism and All Forms of Discrimination was founded in Sao Paulo on Monday October 19. This organization is composed of various non-governmental groups and intends to promote preventative action of an educational and juridical character as well as taking legal action against all forms of racism and discrimination. The idea to start the Movement arose from recent reports of discrimination and neonazist activities in the more industrialized States of Sao Paulo and Rio Grande do Sul.

The first manifesto from the newly formed Movement says "We do not accept the violence of the increasing groups of extremists who, as everything indicates have international links and attack initially negroes, jews and people from the northeast (of Brazil). The time has come to fight the myth that there is racial democracy in Brazil. The racial question is not a problem of minority groups, but rather involves all of Brazilian society. The triumph of nazism is the defeat of democracy".

 

ECOLOGY

 

- Military plan nuclear centers.

 

According to an article written by Jose Pedro Soares Martins and published in "Vespera" (Number 233, October 03, 1992) the construction of Small Nuclear Centers (called Pequenas Centrais Nucleares or PCNs) is the latest project of certain segments of the Brazilian military. The setting up of a national program of PCNs is a direct consequence of the so-called Parallel Nuclear Program. It has grown out of the failure of the Brazil - Germany agreement in this area and is being developed in various centers throughout he country. The project at the moment employs approximately 5.000 workers.

Studies on the setting up of PCNs as an energy alternative for the country are being carried out especially by the Coordination of Special Projects (Coordenadoria de Projetos Especiais -COPESP). This organization belongs to the navy and is located at the Sao Paulo University. COPESP is carrying out studies regarding the development of a nuclear reactor in the Aramar Experimental Center (Centro Experimental de Aramar) which is situated in the city of Ipero in the interior of the State of Sao Paulo.

Proof that COPESP is working with the hypothesis of the use of a nuclear station in Brazil starting with the construction of PCNs is shown by the fact that it requested the Mechanical Engineering Faculty of the State University of Campinas (UNICAMP) to carry out a preliminary study about the present situation of the electricity sector of Brazil. This study was coordinated by professor Sergio Bajay and indicates regions of the country which would have the necessary economic and technological conditions to receive a PCN until the beginning of the 21st. century. Regions indicated include Sao Paulo, Rio de Janeiro, Belo Horizonte, Victoria, Salvador, Recife, Forteleza and Manaus. The interior of the State of Sao Paulo, specifically the Campinas - Riberao Preto region is also indicated as having the conditions necessary to receive a PCN according to the UNICAMP study.

Another study about the perspectives of the implantation of the PCNs is expected to be undertaken in the near future by the same team from UNICAMP. Amongst other topics, the study will include a review of technologies which would be available on an international level for the PCN program.

The present examination of the possibility of the construction of PCNs is the result of the failure of the Brazil - Germany nuclear agreement which was signed on June 27, 1975 during the presidency of General Ernesto Geisel. The agreement foresaw the construction of eight nuclear stations in Brazil by 1990 and is blamed by many as one of the chief reasons responsible for the elevation of the Brazilian foreign debt. Estimates indicate that U.S. $ 6 billion were spent as the result of the agreement. The only result of this high investment is the construction of a nuclear station known as Angra 2 in the municipality of Angra dos Reis, Rio de Janeiro. This station will have a capacity of 1.300 megawatts when it is in full production. Angra 1 with a capacity of 600 MW was constructed by the North American company Westinghouse in the same municipality. It has been nicknamed "vagulume" (firefly) because it is so frequently shut down due to technical problems. In this case, the Brazilian government has had enormous difficulties in recovering from the Westinghouse company losses caused to the country by the many problems provoked by the malfunctioning of this nuclear station.

With the failure of the Brazil-Germany agreement, the military started to invest in a parallel nuclear program geared especially to the construction of a nuclear submarine. The Aramar Experimental Center was inaugurated in April 1988 by Brazilian President Sarney and Argentine President Raul Alfonsin. The presence of the Argentine president at the ceremony was very significant because the Argentine military were suspicious that the Brazilian air-force had been planning the manufacture of nuclear bombs. As discussions concerning Mercosul (the proposed South American Common Market) progress, steps are being taken to eliminate suspicions of this nature which exist between Brazil and Argentina.

As well as in the Aramar Experimental center, research in the area of nuclear energy is being carried out in the Army Technological Center (Centro de Tecnologia do Exercito - CETEX) in Guaratiba, State of Rio de Janeiro and also in the Air Force Technological Center (Centro de Tecnologia da Auronautica - CTA) in Sao Jose dos Campos, State of Sao Paulo.

 

INDIGENOUS PEOPLES

 

- Cholera kills indians.

 

The Indigenous Missionary Council (CIMI), an organ linked to the National Conference of the Bishops of Brazil (CNBB) informs that an epidemic of cholera is causing death amongst the Pataxo Ha Ha Hae tribe of the village of Caramuru in the municipalities of Pau Brasil and Camaca, State of Bahia. The epidemic caused very serious concern approximately two weeks ago when two children in the village of 1500 people died with symptoms of cholera. The Pataxo claim that local authorities are doing nothing except favoring the interests of the large landowners.

 

 

RURAL WORKERS

 

 

- Solidarity urgently requested for the landless rural workers of the States of Mato Grosso do Sul and Sao Paulo.

 

The national secretariat of the Movement of Landless Rural Workers (Movimento dos Trabalhadores Rurais Sem Terra - MST) has sent us the following up-date of the situation of landless workers in Mato Grosso do Sul and Sao Paulo and has requested us to urgently appeal for solidarity in the form of protest messages to the authorities mentioned in the up-date. We would like to stress that we know from experience that such authorities are extremely sensitive to international protest messages.

 

 

The situation in the State of Mato Grosso do Sul.

 

Mato Grosso do Sul is one of the states with the largest concentration of land in the country. It has an area of approximately 35 million hectares. Of these, 30 million are suitable for agricultural activities and are in the hands of ranchers the majority of whom live in Sao Paulo. For instance, 6 ranchers alone own 874.060 hectares, this in size is more than twice the area owned by the small farmers of the state.

On the political front, the state government has been a strong defender of the ranchers' interests. Besides, accusations are numerous that politicians and elements of the government are involved in smuggling and narcotraffic. It is not a coincidence that one of the chiefs of the so called "death-squad" who has been active in the defense of the Collor government is Senator Saldanha Derzi from the UDR (Democratic Rural Union) of Mato Grosso do Sul.

Since he has taken office, State Governor Pedrossian has used widespread repression without any reference to the law, in order to finish the Rural Landless Movement (MST). At the beginning of the Pedrossian government there were 5 encampments of landless rural workers. He did not solve any of them, but only repressed the workers. According to his Secretary of Security it is a point of honor to finish with the organization of the landless workers. Thus, special full time police chiefs have been appointed to finish with the encampments.

In the context which we have outlined the following episodes took place and we ask for your solidarity to solve so much suffering and injustice.

 

1. Rio Brilhante encampment

 

On July 31 last, the Military Police invaded this encampment of 390 families, located on the margin of the highway known as BR 163 in the municipality of Rio Brilhante. They beat several people and wounded 3 workers by gunfire. Besides, they took away food, clothes and even the money of the workers. During this incidence 9 people were arrested under the accusation that they were leaders and were taken to the regional police station of Dourados. As of October 21, one person, Ivanete Tonim is still imprisoned.

We ask that you send protest messages to the judge of Rio Brilhante. The address is:

Exmo. Sr.

Dr. Joao Rosa de Lima,

Forum,

Rua J. S. Maia 117,

79130 Rio Brilhante,

MS., Brazil Phone (067) 452-7332.

 

In your message to the judge we request that you ask him to suspend the prison sentence of Ivanete Tonim who according to Brazilian law is illegally imprisoned at the moment since since the legal period for the police inquiry to be carried out (81 days) has expired and thus her imprisonment can no longer be legally justified.

 

2. The encampment of the Brasiguaios.

 

It is widely known that because of the expansionist policies of the Brazilian military governments and because of the lack of agrarian reform in the country, more than 300 thousand Brazilians live in Paraguay in the border area with Brazil and are known as "brasiguaios". Amongst the brasiguaios there are many who are property owners in Paraguay. However, the majority is landless and suffers all sorts of attacks and persecutions from the Paraguayian authorities.

From time to time these landless brasiguaios succeed in organizing themselves despite their economic problems and lack of transport in order to try to return to Brazil. The Brazilian authorities do all in their power to hinder the return of these Brazilians to their own country.

Last May approximately 400 such families succeeded in returning to Brazil. However, they were immediately surrounded by the police and have since suffered inumerous hardships. They arrived eventually in the city of Amambai, State of Mato Grosso do Sul, thanks to the support of the mayor of the city who gave them low cost houses which were being built at the time as well as a small area of land. The brasiguaios thus managed to set up an encampment. This encampment could be described as being the refuse of those who were starving, sick, those without prospects of surviving, in short of people totally overcome by misery. They managed to survive due to the support of the church, the local community and the Red Cross.

However, both the federal and state governments were totally insensitive to this grave social problem. The state government has engaged in what could be described as a war to repress these families. The State Secretary of Public Security appointed a special chief of police, Dr. Joao Batista de Almeida, to identify and to arrest the leaders.

With the insistence of the state government to finish with the encampment, the judge of Amambai, Dr. Odenilson Roberto Castro Fassa arrested Joel Oliveira and signed prison decrees for a further 12. Later,on August 13, the same judge signed the prison orders of 7 other people. Around the same time a truck driver who had helped transport the brasiguaios was assassinated by gun-men paid by the ranchers of the region. The mayor of Amambai, who belongs to the Workers' Party (PT) as well as the assistant mayor received public death-threats. In mid September the prison decrees of 14 people involved in this question were canceled.

We request that you send also a protest message to the judge in the brasiguaios case. The address is:

Exmo. Sr.

Dr. Odenilson Roberto Castro Fassa,

Forum,

 

79990 Amambai,

MS., Brazil. Phone (067) 481 1763

In your message to Judge Castro Fassa, we request that you demand the suspension of the prison sentence of Joel de Oliveira as well as the prison decree of Valentim Telles, Marcio Bisoli, Daniel Rocha and Joao Batista.

 

During the first week of September, the MST lawyers registered a request of habeas-corpus in the Justice Tribunal of Mato Grosso do Sul in favor of all the leaders imprisoned or with prison decrees. A message to the Tribunal requesting that both cases be resolved in favor of the workers would be very effective. The address is:

Tribunal de Justica do Estado do Mato Grosso do Sul,

Parque dos Poderes, Bloco 14,

79046 Campo Grande,

MS., Brazil. Fax:(067) 382-0359

 

Protest messages may be sent to the Governor of Mato Grosso do Sul at the following address:

Governador do Estado do Mato Grosso do Sul,

Pedro Pedrossian,

Parque dos Poderes, Bloco B,

79100 Campo Grande,

MS., Brazil. Fax: (067) 726-4176

 

 

 

The situation in the State of Sao Paulo.

 

1. Pontal do Paranapanema.

 

This is a region where land problems have existed for many years. Here there is no less than 400 thousand hectares of public lands belonging to the state which have been taken over by ranchers during the last 30 years. These lands are not being cultivated.

In recent years, landless rural workers have started to occupy the ranches in order to force the state government to recuperate them since they are public lands. During the Montoro government (in 1982), the state brought the question to court in order to recuperate the lands from the ranchers. In was only in 1992 that sentence was passed; a part of the lands was returned to the government. For example, in the municipality of Pontal do Paranapanema there is an area of 66 thousand hectares which the court returned to the state government. Even with the court decision, the government has not taken the necessary legal steps to claim ownership of this area.

In order to put pressure on the relevant organs, landless rural workers occupied the Santo Bento ranch (5.120 hectares), the Flora Roxa ranch (1.023 hectares), the Washington Luiz ranch (355 hectares) and also are provisionally camped on the Santa Clara ranch (1.300 hectares). None of the ranchers who illegally had taken over these areas live in the region.

The judge of Pontal do Paranapanema who is clearly allied with the ranchers ordered the expulsion of the families and on July 23 issued prison decrees for eight of the leaders even before the occupation took place. On August 20, Davi Pereira da Silva was arrested. On September 15, the MST lawyers registered a habeas corpus request in the Justice Tribunal of Sao Paulo. On October 21, High Court judge, Weiss de Andrade was appointed to accompany the case. We appeal for your solidarity in this case. Please write to judge Andrade requesting the release of Davi Pereira da Silva and the canceling of the prison decrees of Jose Rainha Junior, Valmir Rodrigues Chaves, Jose de Alencar, Joao Pereira, Jose Carlos Wenzel and Deolinda Alves de Souza. Please mention case number 134979.3 in your correspondence.

The address is:

Desembargador Weiss de Andrade,

Tribunal de Justica de Sao Paulo,

Praca da Se S/N, 5 Andar

01001 Sao Paulo,

SP., Brazil. Fax: (011) 34-4790.

 

 

If you would like more information concerning the cases outlined in this up-date or if you would like to contact the MST, the address is:

Movimento dos Trabalhadores Rurais Sem Terra (MST),

Secretaria Nacional,

Rua Ministro Godoy 1484,

05015-001 Sao Paulo,

SP., Brazil. Fax: (011)871-4612; phone (011) 864-8977.

 

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