Livro Inglês 2009

Human Rights in Brazil 2009 A Report by the Network for Social Justice and Human Rights Human Rights in Brazil 2009 A Report by the Network for Social Justice and Human Rights Edited by: Evanize Sydow e Maria Luisa Mendonça Photos: João Roberto Ripper Graphic Design: Carlos Vasconcelos Pitombo Administrative Assistance: Marta Soares, Claudia Felippe e Silvana Silva Translation Editor and Coordinator: Sheila Rutz Translators: Anthony Pahnke, Bruce Gilbert, Charlotte Casey, Radomir Ávila, Sheila Rutz, Siobhan Hayes, Stephen Crowe Sponsors: Heinrich Böll Foundation Actionaid Cese 5 Preface .............................................................................................................................. 011 Introduction .................................................................................................................... 013 Human Rights in Brazil - 10 years: Partner Organizations .................................... 017 I – Human Rights in the Countryside Agrarian Reform Policy in Brazil ................................................................................ 025 Ariovaldo Umbelino de Oliveira Concentration, Agrarian Policy and Violence in the Countryside: Ten Years ..... 037 José Juliano de Carvalho Filho Violation of Rights and Violence Persist in the Countryside ................................ 041 Antônio Canuto Monocropping of Sugarcane and Counter-Agrarian Reform ................................ 047 Maria Luisa Mendonça The Development Model in the Amazon and Its Impacts on Human Rights.... 055 Luis Fernando Novoa Garzon The Electric Energy Model in Brazil .......................................................................... 059 MAB – Movement of Dam Affected People Contemporary Slavery in Brazil: 1985 to 2009 ......................................................... 065 Ricardo Resende Figueira Indigenous Peoples: The Long March for Recognition of Stolen Humanity ..... 075 Rosane F. Lacerda From Quilombo to Movement: Organizing the Fight for the Right to Land in Brazil ........................................................................................................................................... 085 Josilene Brandão da Costa The Battle for Water as a Right ................................................................................... 091 Roberto Malvezzi II – Human Rights in Urban Areas Access to Justice and Amnesty .................................................................................... 105 Kenarik Boujikian Felippe Public Security, Violence and Criminality in Rio de Janeiro................................... 111 Jailson de Souza e Silva The Punitive System: 10 years lost .............................................................................. 117 José de Jesus Filho How the Lula Government Claims to Solve the Housing Problem ..................... 123 Pedro Fiori Arantes e Mariana Fix Rights of Children and Adolescents: Extermination, racism, and the old silence ........................................................................................................................................... 131 Maria Helena Zamora e Claudia Canarim III – Economic, Social, and Cultural Rights The Right to Work in Brazil ......................................................................................... 141 Clemente Ganz Lúcio e Patrícia Lino Costa Social Inequality in Brazil ............................................................................................. 153 Guilherme C. Delgado Health Care as a Human Right .................................................................................... 159 Felipe Rangel de Souza Machado Reproductive Rights: Human Rights in Dispute ...................................................... 169 Beatriz Galli Formal Education as a Human Right: Access, Quality, and Social Control........ 177 Mariângela Graciano e Sérgio Haddad Race Relations in Brazil ................................................................................................ 183 Sandro Silva The Human Right to Communication in Brazil: The Balance Over a Decade (1999-2009) ..................................................................................................................... 189 Rogério Tomaz Jr IV – International Policy and Human Rights Weather and Climate ...................................................................................................... 203 Sérgio Dialetachi Social Organizations Against the Use of REDD as a Carbon Market-Based Mechanism ....................................................................................................................... 211 Letter from Belém Poverty According to the World Bank ....................................................................... 215 Francisco Adjacy Farias e Mônica Dias Martins In Defense of the Rights of Migrants ....................................................................... 221 Luiz Bassegio e Luciane Udovic PREFACE As the years go by, it is natural that we should look back at the path we have followed, question where it has led us, and predict our progress for the future. This is the task that I will undertake at the kind invitation of the Social Network for Justice and Human Rights. In a society as unjust and unequal as that of Brazil, the struggle for human rights can often resemble the fate of Sisyphus: our actions at once seem timely and yet incapable of breaking the structures of injustice and inequality. However, although serious human rights abuses still frequently occur, we have also witnessed the first steps towards a public policy of human rights in Brazil, exemplified by our recognition of the vital role that civil society plays in defining, administering and monitoring that policy. For ten years, the Social Network for Justice and Human Rights has tasked itself to present society with the most comprehensive depiction possible of the state of human rights in Brazil, producing a record of rights violations alongside theoretical and political essays in their defense. Although the catalogue of abuses bears witness to the persistence of ignorance and misconduct, one look at these reports will demonstrate that, despite many obstacles, human rights are successfully gaining formal recognition. As the reports show, Brazil’s active, energetic, and dedicated coalition for human rights gathers together a host of organizations, associations, social and activist movements from a variety of backgrounds. This simple observation is in itself an important advance, because we have seen that human rights cannot be effectively implemented without recognizing their essential indivisibility and interdependence; not without uniting, in other words, each of society’s particular struggles for a better and more just life. To expand the human rights struggle in Brazil is not without risk, particularly that of losing society’s transformative dimension, the force driving the historical search for liberty, equality, and solidarity. To some extent, as Boaventura de Sousa Santos has said, human rights serve in the present time as a standard of society’s emancipation. But this point of reference needs to be more solid and concrete than the everyday—and deceptively subtle—relations of power. If, on the one hand, we must accept that this risk remains a permanent, undeniable possibility, particularly when considering the many collective emancipation projects that 11 Human Rights in Brazil 2009 have failed to alter the status quo, we must be careful not to be ashamed of defeat, an attitude which helps to perpetuate all that we would change. Over the course of time, gradual changes can become significant; in any case, it is vitally important to honor all effort and sacrifice, both past and present. I am overjoyed to see that the language of human rights has spread so widely, reshaping the rhetoric of countless social projects which were once considered separate and distinct. The struggles for land reform, for water, shelter, and adequate food, for the democratization of information and the media, for non-discrimination, and for a society free of violence, have all been incorporated into the broader defense of human rights. At the same time, I cannot ignore the ambiguity of the State with regards its duty to promote and protect human rights, when it often acts to violate those rights. The Department of Public Prosecutions and the Judiciary are not free from this ambiguity, as demonstrated most clearly in facts and allegations regarding the criminalization of social movements, with decisions which consistently prioritize property rights, and which demonstrate a complete detachment from social realities. This brings us to another important challenge for the future: social organizations and grassroots movements must pressure the State to guarantee that human rights are effectively enshrined in public policy. This is especially important in the area of development, which overwhelmingly continues to be approached from a strictly economic and shortsighted position. As we look to the future, it is vital that in monitoring the success of the National Human Rights Program, we take into account not just the traditional indicators of wealth and quality of life, but the concept of development itself. Brasília, October 15th, 2009 Ela Wiecko V. de Castilho Deputy Attorney-GeneralFederal Attorney for the Rights of the Citizen (2004-2008) Law Professor at the University of Brasilia - UNB 12 INTRODUCTION In 2009 we commemorated ten years of publication of the Report on Human

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