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Supreme Courts suspends 'presumption of good faith' in gold market to curb illegal trafficking

Areas of illegal gold mining in the Yanomami Indigenous Land seen in an overflight along the Mucajaí river, February 2023.

Credit: Fernando Frazão/Agência Brasil

3 May 23

Supreme Courts suspends ‘presumption of good faith’ in gold market to curb illegal trafficking

The Federal Supreme Court (STF) unanimously suspended the legal provision that established the “presumption of good faith” in the gold market. This instrument allowed gold to be traded in Brazil only based on the sellers’ information about the origin of the product. The court decided to follow the individual decision issued by justice Gilmar Mendes on April 4th.

The measure was considered by the Court as one of the main legal loopholes for laundering gold extracted from indigenous lands and environmental reserves. It is expected that the decision will make illegal gold trafficking more difficult and protect the environment and indigenous people.

 

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Attack in Yanomami Indigenous Territory leaves one dead and two wounded; government promises to intensify action

Flight records illegal mining areas inside the Yanomami Indigenous Land, in Roraima, in April 2021.

Credit: Reproduction

1 May 23

Attack in Yanomami Indigenous Territory leaves one dead and two wounded; government promises to intensify action

An attack in the community of Uxiú on Yanomami indigenous land resulted in the death of a Yanomami health agent, in addition to leaving two other indigenous people injured. The Hutukura Yanomami Association (HAY) and the Texoli Ninam Association of the State of Roraima (Taner) said that the attack occurred during a funeral ceremony, and that it was allegedly carried out by illegal miners from a boat with six people on the Mucajaí river.

After the tragedy, the Minister of the Environment and Climate Change (MMA), Marina Silva, stated in a press conference that the actions in Yanomami territory will be intensified. According to the minister, between 75% and 80% of the miners have already been removed from the Yanomami Indigenous Territory, and several mines have been deactivated. However, the task is far from being completed. The actions will be reinforced with the support of the Armed Forces and with the reinforcement of teams from Ibama and the Federal Police (PF).

“We were very sad to learn of the shooting attack by miners against three Yanomami, one of whom died and the other two are being treated in a serious condition. An inter-ministerial committee is on its way to Roraima to further reinforce the actions to find the criminals,” said the Minister of Indigenous Peoples, Sonia Guajajara.

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Indigenous people were the main victims of conflicts in the rural region in 2022

Relatório da Comissão Pastoral da Terra mostra que o ano de 2022 foi marcado pelo elevado crescimento nos dados sobre violência contra a pessoa em decorrência de conflitos no campo.

Crédito: Fernando Frazão/Agência Brasil

17 Apr 23

Indigenous people were the main victims of conflicts in the rural region in 2022

Almost 40% of people killed in rural conflicts in 2022 were indigenous, according to the Pastoral Land Commission (CPT) in a report released on Monday (17). The year was marked by a significant increase in violence against individuals resulting from conflicts in rural areas. In all, 553 incidents were recorded, resulting in the deaths of 1,065 people, 50% more than in 2021 (368 incidents with 819 victims). Traditional peoples are the main victims in this scenario, which includes murders, assassination attempts, threats, assaults, torture and imprisonment.

In 2022, 38% of the 47 people killed in rural areas were indigenous people, totaling 18 cases. Next came landless workers (9), environmentalists (3), settlers (3), and wage workers (3). In addition, the deaths of indigenous rights activist Bruno Pereira and journalist Dom Phillips in Vale do Javari, Amazonas state, were added to the critical scenario of victims of rural conflicts in 2022. The number of murders resulting from rural conflicts last year represented an increase of 30.55% compared to 2021 (36 deaths) and 123% compared to the data recorded in 2020 (21 deaths).

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Pure Dynamite: Report produced by Observatório da Mineração and Smoke Signal reviews the explosive legacy of the Bolsonaro government's mining policy
27 Mar 23

Pure Dynamite: Report produced by Observatório da Mineração and Smoke Signal reviews the explosive legacy of the Bolsonaro government’s mining policy

To create memory and help elaborate on the tragedy of mineral policy under the Bolsonaro government, The Mining Observatory [Observatório da Mineração] and Smoke Signal [Sinal de Fumaça] have launched the bilingual reportPure Dynamite: how Bolsonaro’s Government (2019-2022) Mineral Policy Set Up a Climate and Anti-Indigenous Bomb” an independent production that brings a timeline of the mineral sector and details the dismantling of regulatory bodies, rights violations, scandalous agreements and other measures adopted by the former government to satisfy the mineral market lobby in the country and the world.

In its thorough and investigative work, Observatório da Mineração closely followed the work that Bolsonaro’s government undertook at the national and international levels to dismantle public policies and sell mining and metal goods. Investigations have shown that his administration promoted legal and infralegal changes that benefited large mining companies, caused the criminal networks of illegal mining to soar, and made institutions such as the Ministry of Mines and Energy and the National Mining Agency totally subservient to vested financial interests. Smoke Signal Socio-Environmental Monitor, which has recorded facts and movements related to Brazilian socio-environmental policies over the last four years, joined Observatório da Mineração to produce this unprecedented report.

In addition to exposing the sophisticated articulations made between the mining market lobby, transnational companies and the federal government behind closed doors in the National Congress, the publication also brings a brief summary of the first measures adopted by Lula’s government and a list with 20 initial suggestions for the recovery of public governance and the reduction of negative effects of mining in the country. 

Click here to read our report in english. Also available in portuguese.

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Angra 1 nuclear plant leaked waste in 2022 and Eletronuclear tried to hide the accident, says public prosecutor

Angra nuclear power plant

Credit: Marinelson Almeida/Traveling through Brazil

24 Mar 23

Angra 1 nuclear plant leaked waste in 2022 and Eletronuclear tried to hide the accident, says public prosecutor

Eletronuclear, a subsidiary of Eletrobras, Brazil’s electricity company, is facing a public civil suit after the Angra 1 nuclear plant in Angra dos Reis. in Rio de Janeiro state, leaked radioactive material into the sea in September 2022. About 90 liters of radioactive waste escaped from valves during a maintenance process and was carried by rain into Itaorna Bay.

Eletronuclear took three weeks to notify the regulatory agency about the incident, which happened on September 16. The company denied the leak in a statement, but the Federal Prosecutor’s Office believes that Eletronuclear tried to hide the incident. The Court ordered the company to publicly disclose information about the incident and the measures to contain the damage, and to make a full assessment of the damage within 30 days and not to conceal or manipulate information about what happened. It is not yet known whether the accident may cause harm to the environment and to the population.

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UOL

Yanomami Genocide: military refuses to fix 46 landing strips that would help indigenous rescues

De acordo com o relatório apresentado pela Funai, a vegetação alta nas cabeceiras de várias dessas pistas “compromete os procedimentos de pouso e decolagem”. Nas laterais, “dificulta os procedimentos de manobras durante a corrida da aeronave nas pistas.

Crédito: Reprodução

13 Mar 23

Yanomami Genocide: military refuses to fix 46 landing strips that would help indigenous rescues

A report prepared by FUNAI, Brazilian indigenous agency, pointed out that 46 landing strips on Yanomami lands in the Amazon region need maintenance to ensure transportation of the sick and emergency aid to those affected by illegal mining. However, military personnel responsible for the Army’s operation in the region refuse to carry out repairs.

According to the report published by Agência Pública, the military justifies their refusal by alleging that FUNAI did not correctly report the maintenance needs of the landing strips. Furthermore, the Federal Public Prosecutor’s Office (MPF) has been pressuring the responsible authorities to resolve the impasse.

Meanwhile, President Lula traveled to Roraima to participate in an assembly of indigenous people and discuss actions to defend the rights of native peoples.

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More than 19,000 illegal gold miners have been removed from the Yanomami indigenous territory.

Illegal gold miner searches for gold at Uraricouera River, inside Yanomami territory

Credit: Bruno Kelly/Amazônia Real

8 Mar 23

More than 19,000 illegal gold miners have been removed from the Yanomami indigenous territory.

The temporary commission of the Brazilian Federal Senate to monitor the humanitarian crisis in Yanomami Indigenous Land approved its work plan last Wednesday (8/3). According to the rapporteur of the commission, Senator Dr. Hiran (Progressistas-RR), more than 19,000 gold miners have left the area since the eviction operation began last February. The president of IBAMA, Brazil’s environmental agency, Rodrigo Agostinho, also supports this: “We have removed almost 80%, 90% of the gold miners.”

The Senate commission also requested information on the funds released by the Amazon Fund and invited indigenous and environmental organizations for public hearings. Meanwhile, federal forces continue anti-gold mining actions and have already applied penalties of over R$10 million.

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Marina Silva visits base attacked by gold miners in Yanomami Land and cites 'immense degradation' in the territory

Ibama helicopters in operation against miners in Yanomami Land

Credit: G1

4 Mar 23

Marina Silva visits base attacked by gold miners in Yanomami Land and cites ‘immense degradation’ in the territory

The Minister of the Environment, Marina Silva, visited Yanomami Land on Saturday (4) to see firsthand the actions implemented by IBAMA to curb illegal gold mining. She went to the inspection base in the Palimiú community, where armed gold miners fired at agents, and flew over regions invaded by the garimpeiros. She was astonished by what she saw in the territory: “The degradation is immeasurable,” she said.

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G1

Marina Silva wants to declare a climate emergency in risk areas; Lula and Tarcisio announce measures to aid São Paulo's coast

President Lula and the mayor of São Sebastião (SP) in the aftermath of the rains

Credit: Ricardo Stuckert/PR

24 Feb 23

Marina Silva wants to declare a climate emergency in risk areas; Lula and Tarcisio announce measures to aid São Paulo’s coast

In response to the largest storm ever recorded in Brazil on the northern coast of São Paulo state, the Minister of Environment and Climate Change, Marina Silva, and the Minister of Science, Technology and Innovations, Luciana Santos, proposed on Tuesday (21) to design an emergency plan to adapt to extreme weather events in 1,038 municipalities, which are home to 57% of the country’s population. The measure aims to facilitate access to resources for infrastructure works, such as slope containment and drainage, recovery of riparian forests, creation of civil defense and education plans for climate risk and resettlement of residents in vulnerable areas.

Before this, the government of Luiz Inácio Lula da Silva (PT) had already announced on Monday (20) a series of actions to reduce the impacts on the population of the northern coast of São Paulo, victim of the lack of prevention and hit by the biggest storm in Brazil’s history.

Lula flew over areas devastated by landslides and flooding. He also met with the governor of São Paulo, Tarcísio de Freitas (Republicanos), and the mayor of São Sebastião, Felipe Augusto (PSDB), and made the federal government’s structure available to mitigate the damage. Several ministers participated in the audience, including the Minister of Ports and Airports, Márcio França (PSB), who announced R$ 2 million to the Government of São Paulo and the city halls of the northern coast cities, including Bertioga, can help the victims. Lula asked for total priority to the climate emergency, and articulated joint actions between the Ministries of Social Development, Finance, Planning, Transportation and Health. On the 21st, Lula’s government transferred R$ 7 million to São Sebastião municipalitie and the resources will be used to buy food baskets, cleaning kits, personal hygiene, mattresses and fuel. More than 73,8 thousand people will be assisted.

The São Paulo state government, for its part, announced on the 23rd that it will install sirens in the region, in places where there is risk of landslides and flooding. The emergency measure, however, is seen with caution by specialists. They say that the adoption of the equipment needs to occur in conjunction with a series of actions, such as training the population, developing escape routes and conducting recurrent drills.

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Extreme weather: record-breaking rains hit the coast of São Paulo and leave 65 dead and thousands homeless

Landslide at Barra do Sahy

Credit: Rovena Rosa/Agência Brasil

20 Feb 23

Extreme weather: record-breaking rains hit the coast of São Paulo and leave 65 dead and thousands homeless

On February 19th and 20th, an unprecedented amount of rainfall fell over Bertioga, São Sebastião, and Ubatuba in the Northern Coast of the state of São Paulo. Weather stations recorded 692 millimeters of rain from Saturday to Sunday. As of February 27th, 65 people were found dead, 64 in the Vila Sahy neighborhood in São Sebastião, and one in Ubatuba.

Fatal landslides occurred in impoverished areas of the coast, near hillside slopes. Roads were also closed due to landslides. According to the state government, there are 1,090 displaced people and 1,172 homeless.

In 2021, prosecutors filed a lawsuit calling for action regarding the situation in Vila Sahy and described it as an announced tragedy.

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Yanomami Genocide: Lula adminstration exonerates indigenous health managers and FUNAI head officers

Illegal gold diggers took over the Yanomami territory

Credit: Associação Hukerari Yanomami

24 Jan 23

Yanomami Genocide: Lula adminstration exonerates indigenous health managers and FUNAI head officers

At least 54 officers working in organs and instances related to health and assistance to the indigenous peoples were dismissed after the dimensions of the humanitarian crisis in the Yanomami Indigenous Land (TI) were revealed.

The federal government informed through an extra edition of the Official Gazette of the Union on Monday (23/01) the removal of 43 occupants of command positions of the National Foundation of Indigenous Peoples (FUNAI) and 11 regional coordinators of the Secretariat of Indigenous Health (SESAI) of the Ministry of Health. Among the dismissed employees are 13 military personnel, the coordinator of the East health district of Roraima – responsible for reinforcing the assistance to the Yanomami people in the state -, Aurisan Souza de Santana and the director of the Museum of the Indian, Giovani Souza Filho. Replacements for these positions will be announced in the coming days.

Yanomami Genocide: government declares public health emergency

Over 570 children died during Bolsonaro’s administration

Photo: Ricardo Stuckert/Palácio do Planalto

20 Jan 23

Yanomami Genocide: government declares public health emergency

After a visit by President Luiz Inácio Lula da Silva and the Minister of Indigenous Peoples, Sônia Guajajara, the Ministry of Health (MH) declared a public health emergency in Yanomami Indigenous Land. The region is being affected by health negligence, malaria and severe malnutrition. 

“It is very sad to know that indigenous people, especially 570 Yanomami children, have died of starvation during the last government. The Ministry of Indigenous Peoples will take urgent action to fight this humanitarian crisis imposed against our peoples,” said Sônia Guajajara.

Also present at the government visit, Health Minister Nísia Trindade, said that the Bolsonaro government was been “omissive” regarding health care for the Yanomami and blamed illegal gold mining for the state of calamity found. 

 

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Isolated Indigenous Lands among the most endangered areas in the Amazon, says Ipam new study

Indígenas isolados em aldeia localizada no estado brasileiro do Acre.

Gleilson Miranda / Governo do Acre

11 Jan 23

Isolated Indigenous Lands among the most endangered areas in the Amazon, says Ipam new study

The Indigenous Lands with presence of isolated groups (with little or no contact with outsiders) are the most threatened in the Amazon biome. The conclusion comes from a new study produced by Ipam (Amazon Environmental Research Institute) and Coiab (Coordination of Indigenous Organizations of the Brazilian Amazon).

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Under pressure from indigenous leaders, Minister of Justice Flavio Dino said the government will act on the killings of Bruno Pereira and Dom Phillips

Indigenista Bruno Pereira e o jornalista Dom Phillips

Cris Vector

5 Jan 23

Under pressure from indigenous leaders, Minister of Justice Flavio Dino said the government will act on the killings of Bruno Pereira and Dom Phillips

The minister of Justice, Flávio Dino, said in an interview on that he will determine the Federal Police to do “as much as they possibly can” to resolve and bring justice on the killings of indigenous expert Bruno Pereira and British journalist Dom Philips, in the Javary Valley in Amazonas state in June 2022. 

Beto Marubo, an indigenous leader and member of the Union of Indigenous Peoples of Javari Valley (Univaja) who worked with Dom and Bruno, has demanded, in his social media channels, that the resolution of the case gets the same effort and priority as the murder of Marielle Franco, the Rio de Janeiro city council deputy murdered in March 2018. “This case also needs to be resolved, to Brazil and to the world”, Marubo tweeted. Due to security issues, Beto Marubo has not been back to the Javari Valley since the brutal murders.  To him, the continued threats and the presence of criminal groups in the region means that “there was absolutely no justice” with regards to the deaths of his colleagues.

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Guarani spiritual leader Estela Vera is murdered in Mato Grosso do Sul

Indigenous land is under constant threats from farmers

Credit: Reproduction

15 Dec 22

Guarani spiritual leader Estela Vera is murdered in Mato Grosso do Sul

The nhandesy, Guarani-Kaiowá spiritual leader and healer, Estela Vera, was murdered in the Ivy Katu Land, a traditional territory retaken between 2003 and 2015 by the indigenous, in the municipality of Japorã, in Mato Grosso do Sul, on November 15. According to the kuñangue Aty Guasu, Assembly of Kaiowá and Guarani Women, the assassins shot Vera and children with large caliber firearms. The entity denounces that ranchers and tenants have been putting pressure against the territory and threatening another leader, Leila de Ivy Katu.

Indigenous organizations are demanding the federalization of the investigation and protection for the territory and the leaders who have received death threats. The execution of the religious leader is also part of a context of religious violence, with burning of prayer houses in indigenous territories in the state.

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Extreme weather and lack of prevention policies leave at least 22 dead and thousands homeless in 8 Brazilian states

Landslide in highway BR-367 in Paraná state

Credit: CENACID-UFPR

8 Dec 22

Extreme weather and lack of prevention policies leave at least 22 dead and thousands homeless in 8 Brazilian states

BAt least 22 people have died in 8 Brazilian states due to lack of planning for the rainy season between November and the first week of December. Around 22,800 people have been displaced, while another 3,171 are homeless due to the raings. The survey was done by CNN based on data released by the state Civil Defenses. 

The states of Santa Catarina, Paraná, Sergipe, Espírito Santo, Bahia, São Paulo, Minas Gerais, and Rio de Janeiro suffer from landslides, floods, and power outages as a result of atypical rainfall volumes and planning neglect from the authorities for the extreme events that increase in frequency with climate change. 

The month of November was marked by unusual weather episodes for the period, with atypical cold at the beginning of the month, followed by heavy rain, anticipating the summer rainy season. The forecast for the month of December is that storms will maintain a high volume and temperatures will rise throughout Brazil.

A survey by the Natural Disasters Observatory showed that, in the last 10 years, the deaths caused by lack of prevention to excessive rainfall and its consequences in Brazil totaled 1,756. The lives lost by floods until September this year already reached 457, which represents more than 25% of the total deaths in the decade. 

Despite this, Bolsonaro cut 99% of the budget allocated to natural disasters for 2023. The Ministry of Regional Development has reduced the budget for emergency disaster mitigation from R$2.8 million to a meager R$25,000. For the execution of projects and works of slope containment in urban areas, there was a cut of 94% of the resource, from R$ 53.9 million to R$ 2.7 million. “The amount that was destined was already small compared to the amount necessary for mitigation works. So, what was already too little, became even less,” points out Professor Pedro Luiz Côrtes from USP’s Institute of Energy and Environment.

In addition to avoidable deaths, climate collapse also brings significant economic losses. A survey by Swiss Re estimated losses from extreme weather events occurring in 2022 worldwide at $260 billion.

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Illegal fishermen attack indigenous boat and threaten to kill Kanamari woman in Javari Valley

Bruno Pereira and Dom Phillips were murdered in the same region

Credit: Cícero Pedrosa Neto/ Amazônia Real

16 Nov 22

Illegal fishermen attack indigenous boat and threaten to kill Kanamari woman in Javari Valley

A group of 12 indigenous people (five women, four men and three children) of the Kanamari indigenous people were threatened by three illegal fishermen with guns near the base of the Itacoaí-Ituí Protection Front in the Vale do Javari [Javari Valley] Indigenous Land (Amazonas) on the 9th of this month around 9:30am. A Kanamari woman had a rifle pointed in the direction of her chest by one of the fishermen, who threatened to kill her. Without a weapon, the other indigenous people feared the worst and tried to dissuade him from the crime.

The three fishermen then left, carrying in their boats dozens of tracajás (Amazon turtle) that had been taken from the indigenous land. From a distance they fired five shots at the fuel drums (already empty) of the “canoe” in which the indigenous people were traveling. A second, smaller “canoe” accompanied the attacked boat, bringing the total number of Kanamari people to 30 at the time of the illegal fishermen’s action. The indigenous woman threatened by the illegal fisherman said that the only reason she did not die was because there were several witnesses aboard.

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Norte Energia promises to compensate Belo Monte communities

Over 4,000 fisherman lost their livelihoods

Credit: Bruno Batista/ VPR

4 Nov 22

Norte Energia promises to compensate Belo Monte communities

The company responsible for the Belo Monte hydroelectrical plant, Norte Energia, will indemnify the fishermen of the Xingu river, as demanded by IBAMA’s, Brazil’s environmental agency, opinion issued four months ago. The company had been disagreeing with the environmental agency and had proposed another solution.

According to IBAMA, Norte Energia has not complied with the conditions established for the issue of the plant’s operation license, such as the adoption of mitigation measures for the effects of damming, reservoir formation and water flow control on the lives of fishermen.

The proposal made by Norte Energia still has no values and contemplates less than half of the amount of fishermen of the Xingu. According to estimates by the Federal Public Ministry in Altamira (PA), there are more than four thousand fishermen impacted. The company, by demanding the presentation of an active fisherman’s card for the payment of the reparation, does not even consider all the impacted people, since many have given up the activity due to the lack of fish in the stretches of the river altered by the plant.

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Petrobras insists on starting exploration in the Amazon coast in 2022

Company is ignoring environmental licensing procedures

Crédito: Airton Morassi/Flickr

3 Nov 22

Petrobras insists on starting exploration in the Amazon coast in 2022

The management of Petrobras, Brazil state-owned oil company, wants to begin exploration along the coast of the state of Amapá this year, even without having fulfilled all the necessary phases for environmental licensing. Environmentalists and federal prosecutors warn that Petrobras has not carried out all the environmental impact studies nor concluded the previous consultations with the various indigenous and riverside communities that could be affected by the operation.

Another decision by the top management at Petrobras also generated resistance from civil society. The board of directors approved the distribution of R$ 43.7 billion in dividends for the third quarter of the year. Unions and representatives of Petrobras workers threaten to go to court to prevent this payment before the beginning of the next government. “Any decision on dividends should be up to the future management of the company, and already considering the guidelines of a new controller,” said the law firm Garcez, which represents oil workers.

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Federal Prosecution Office appeals after release of suspected killer of Bruno and Dom; organizations protest

There is strong concern that the suspect could flee

Credit: Reproduction

27 Oct 22

Federal Prosecution Office appeals after release of suspected killer of Bruno and Dom; organizations protest

The Federal Public Prosecution Office (MPF) appealed on Wednesday (26) against the decision that released Ruben Dario da Silva Villar, aka Colombia, suspected of ordering the murder of indigenous expert and activist Bruno Pereira and English journalist Dom Phillips. The MPF had already expressed its opposition to the request for the defendant’s release made by his defense.

The MPF is asking for Colombia to be kept in preventive custody until all doubts about his identity have been resolved, since he has Colombian, Brazilian, and Peruvian documents. The prosecution argues that “the applicant, once released, does not need much to evade and escape the application of Brazilian criminal law”. The prosecutor also claims that the Brazilian document he presented to the Federal Police “is false and, therefore, Rubens (or Ruben), in fact, committed the crime of use of a false document”.

The Dom Paulo Evaristo Arns Human Rights Defense Commission asked the authorities to reinforce their efforts to solve the case. In a statement released on Wednesday, the commission states that “it is important to ensure the due legal process without, however, opening opportunities for interference in the investigation of the facts or aggravating the situation of threatened groups”.

The Observatory for the Human Rights of Isolated and Newly-Contacted Indigenous Peoples (OPI) considers that the release of Colombia is a threat to the safety of indigenous people and public servants in Vale do Javari and also to the families of Bruno Pereira and Dom Phillips. 

The Federal Police is continuing investigations against Colombia for the crime of armed criminal association and command of an illegal fishing gang in Vale do Javari, Amazonas, used to launder drug trafficking money. There are also suspected links to local politicians who benefit from the scheme.

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