´ó¿§¸£ÀûÓ°Ôº

Menu
´ó¿§¸£ÀûÓ°Ôº
Search
Magazine
Search

Pinheirinho - Brazilian human rights trampled

James

All of Brazil watched as the drama played out in the small city of São José dos Campos, São Paulo on Sunday, January 22, 2012. If like me, you are trying to understand the convoluted story behind the “Massacre at Pinheirinho” as it is now known – forget it! The story just becomes more bizarre and infuriating the more that I delve into it. It serves only to prove that you can get away with almost anything here in Brazil if you have money and connections.

Thousands of poor Brazilian families were forcefully driven off the land that they had peacefully occupied since 2004 and the homes that they had built were bulldozed into rubble along with all of their worldly belongings. They had to leave with only the clothes on their backs and were not given the opportunity to remove their belongings and furniture. On orders from São Paulo Governor, Geraldo Alckmin, Shock Troops of the Military Police moved in and the result was quite reminiscent of any newsreel footage that I have ever seen about the Nazi occupation of Poland during WWII. Unofficial reports exist that there were anywhere from 5 to 7 people killed during the confrontation that ensued. The government, hospitals and the Medical Examiner’s Office (IML – Instituto Médico Legal) are all mysteriously silent on this subject.

Was the “dis-occupation” of Pinheirinho legal? Perhaps it may have been, but even that is doubtful. Was it moral? Clearly it was not. It was probably the greatest violation of human rights in recent Brazilian history and many laws were broken in the process, a fact that few in government seem to care about.

So letÂ’s look a bit deeper. How did these people come to be living in this area? Who owns the property? What is the history behind the situation?

Pinheirinho is a tract of land which measures about 1.3 million square meters (3 times larger than the Vatican) and approximately 6,000 people live there. It is a neighborhood that has houses, churches, what passes for parks. It was occupied over time because it was abandoned since 2004. The inhabitants are poor, but predominantly working people, not criminals and drug traffickers as the city and state government contends. The present value of the tract of land is put around R$180 million (I believe very under-evaluated).

The original owners of the land were the Kubitzky family, four elderly brothers and sisters reportedly of German origin. Paul Kubitzky 76, Arthur 74, Erma 72 and Frida Elsa 68 were all brutally murdered on July 1, 1969. The murders were most likely motivated by the value of the properties they held and remain unsolved to this day, mostly due to the fact that those in power at the time did not like them. None of them were married and apparently there were no heirs, at least here in Brazil. How their estate passed to the State of São Paulo is unclear and nobody can explain how it became property of the State or how it changed hands from there.

The present so-called “rightful owner” is the now bankrupt Selecta S/A which is owned by Naji Nahas. Nahas, the cigar puffing Lebanese entrepreneur who came to Brazil in the 70s with lots of money to invest and from the beginning rubbed elbows with the high and mighty and top ranking politicians. This is the very same Naji Nahas who most claim was responsible for the collapse of the Rio stock market in 1989 and who was arrested by the Federal Police during an investigation called “Operação Satiagraha” in connection a corruption, money laundering and influence peddling scheme. How Nahas could purchase land from the government (that had dubious title) I cannot understand no matter how hard I try.

The simple fact remains that even if Selecta S/A is the rightful owner of the property the only unsatisfied creditor remaining following the bankruptcy is none other than the City of São José dos Campos. They are indebted to the city for unpaid property taxes (IPTU) of over R$10 million. By law the property should have been expropriated by the city years ago and turned over to the federal government for social housing, but it was not. Why? Because the mayor is one of Nahas’ cronies, as are both the Governor and Senator of São Paulo. This is also the same mayor who from the outset has actively discriminated against and imposed programs which worked to the detriment of and excluded the residents of Pinheirinho. They have been treated as second class citizens all along.

Expulsion by force of some 1,700 families because of such dubious ownership claims on the land stretches the very definition of being “legal” to almost the breaking point. It was without any doubt immoral and unjust in the extreme. The destruction of homes with all the personal possessions of those who lived there, still inside, was clearly a criminal act that should not be excused. Shameful how the poor Brazilians keep getting it in the neck!

In the end, it's the same old thing... it's all about the rich getting richer and the poor getting screwed.

See also

Living in Brazil: the expat guideBrazilian government allows us to kill Brazilians with imports, why?Brazilian concept of "beauty"Brazilian cuisineBrazilian & American marrying in Brazil - Expat´s rightsBrazilian Music MemoriesVisa Applicants' Rights to Remain in Brazil
DouglasT

Great reporting my friend, but I hope you don't have any trouble bringing all this to light.  As you wrote previously, those exposing corruption have a way of disappearing, or worse, and we need your bright mind writing more on Expat!  The Foreigner's Law also states that we cannot try to influence politics, giving the government power to kick us out if we do.  It is a grey area, but...

Cheers, Douglas

James

Hi Douglas my friend,

I hardly believe that even here in Brazil making comments about the political system and injustices could be considered as "trying to influence politics". At any rate, I certainly would have no problem defending that position in a court of law should it come to that.

As far as any danger, I don't think that any of the politicians here have any interest in what gets posted on the Expat-blog forums. However, you have made a valid point and I thank you as always for your concern, proving once again you are a true friend.

Regards,
James

James

The ownership of this property is a bigger mystery than I first thought. A newpaper article from the Folha of July 1, 1969 (click link to read article) about the murders states that there in fact was an heir, an adopted son Nelson José Lombardi who lived in São João del Rey, Minas Gerais and was a member of the Legislative Assembly (Deputado Estadual). The article goes on to say that the police chief stated that the adoptive son has no right to an inheritance. How a police chief can say with any authority the adopted son has no right is beyond me. This is for courts to decide, even in abscence of a Last Will and Testament an adopted child has every right to inherit assets of adoptive parents, even here in Brazil.

Hardly surprising that now, after seeing this new information about the case and reading between the lines, my guess is that this whole thing was a well executed plan to gain control of the land from the very beginning. It probably was set in motion long before the murders and was materminded by someone in the police department itself or the political structure either of the city or state . When someone is murdered the first ones on the list of suspects are those who stand most to gain financially. It certainly would be interesting to know exactly who Selecta S/A (i.e. Naji Nahas) actually bought the property from, the State of São Paulo or a private individual.

Original article:   

James

The internal affairs division of the Military Police of the State of São Paulo has indicted 14 police officers on charges of torture and sexual assault related to the forced eviction of families who had for many years lived peacefully in Pinheirinho. One of them with 27 years in his police career.

Many international watch-dog agencies are monitoring the case, but I can almost guarantee you that just like everything else in this country absolutely nothing will get done about this whole sorry mess.

I laugh when I hear the official blah, blah, blah that is always given "if convicted those involved COULD be expelled from the Corporation." This begs the question, EXACTLY WHAT IS IT THAT A CROOKED COP HAS TO DO TO GET KICKED OFF THE FORCE, ANYAY???

I'm sorry, maybe I'm spoiled having grown up in a developed nation with first world ideas, but where I come from it's easier for a cop to end up behind bars than the average crook simply because there are more laws and harsher penalties that apply to cops. They've got to be squeaky clean or they end up on the other side of the glass in the prison visiting room. Even if they don't get convicted in many cases they are bounced from the police force with no rights to appeal their dismissal.

It should be automatic here, but it isn't. There are police all over Brazil that have been convicted of various crimes including murder who are still wearing a uniform and carrying a badge. This is completely unacceptable by anybody's yardstick.

http://yoursmiles.org/tsmile/flag/t67118.gif  Cheers,  http://yoursmiles.org/tsmile/flag/t67054.gif
  William James Woodward – Brazil Animator, Expat-blog Team