An indigenous man forgotten in prison

Visible signs of depression, a 20-kilogram weight loss, blurred vision, and constant muscle pain due to advanced diabetes. This is the health condition of José Acácio Serere, chief of the Xavante tribe, imprisoned in Papuda at the order of Alexandre de Moraes, a justice of the Brazilian Supreme Federal Court (STF). The 42-year-old indigenous man ended up behind bars for allegedly leading “anti-democratic acts” in Brasília, protesting against the election of President Lula. The temporary detention, which was supposed to last for ten days, has now reached six months this week — and there is no end date in sight. This is because, after the deadline established by the law, Moraes acted on his own and extended Serere’s detention without consulting the Federal Public Prosecutor’s Office or other authorities.

Geovane Pessoa, one of the lawyers representing the chief, refutes the accusations that Serere committed crimes. He recalls that in March, Lindora Araújo, the Deputy Attorney General and responsible for the request for the indigenous man’s detention to the STF at the end of last year, reiterated a request for his release to Moraes. “As the ‘owner’ of the case, the Attorney General’s Office no longer sees reasons for Serere to remain in custody,” Pessoa said. “Nevertheless, despite all the arguments, the justice has delayed the process, and we still don’t have a decision.”

The requests to change Serere’s menu also did not receive the attention of the justice system. The indigenous man needs to eat specific foods in order to prevent the worsening of his diabetes. The defense states that they have submitted requests for dietary changes some time ago, but there has been no response. Not even the letter published by Serere, in which he apologizes for the offenses directed at Moraes, touched the minister. In the document, the indigenous man asserts that he “never advocated for a democratic rupture,” but rather criticized Lula’s victory in the 2022 election. He also stated that he does not believe in violence as a method of political action. “I understand that love, forgiveness, and reconciliation are the only possible paths for life in society,” Serere affirms in the text.

Before the letter, Serere released a video urging his supporters not to commit violence or vandalism in reaction to his arrest. In the footage recorded directly from the headquarters of the Federal Police in Brasília, the chief is seen speaking in his native language, Aquém. “Do not engage in conflict, fighting, or confrontation with law enforcement authorities,” advised the indigenous man. At the time, the federal capital had experienced attacks on public buildings and the destruction of cars and trash bins. These acts were allegedly committed by Serere leading supporters of former President Jair Bolsonaro. However, on social media, there are also images circulating of people denouncing the presence of black blocs and individuals not affiliated with right-wing movements.

Life in prison Currently, the indigenous man shares a cramped cell with ten other inmates, shares a toilet, does not have hot showers, and sometimes sleeps sitting up to alternate on scarce mattresses. Initially, he did not receive visits from family and friends. Serere only managed to see his wife, Sueli, 90 days after being arrested, thanks to Pessoa and Levi de Andrade (the latter left the case 15 days ago), who took over his defense. His family removed the first lawyer, Jéssica Tavares, accusing her of not working properly and being affiliated with a left-wing political party. Every 15 days, Sueli and their children travel about a thousand kilometers by car to see Serere. The family lives in Campinápolis (MT), the city where the chief worked as an evangelical pastor and missionary for a religious movement.

Sueli has been following everything since the beginning and fears for her husband’s life in Papuda. According to her, Serere suffered a sudden health crisis in jail, resulting from constant stress. The indigenous man’s health worsens every day. A medical report signed by doctors Nicole Hasegawa and José Glória found that the chief is at “risk of renal failure, retinopathy, limb amputation, and hyper or hypoglycemic coma.” “The patient is outside the standards of care for his health, which may lead to complications inherent to an inappropriate diet, alterations in his psychoemotional state, and the development of diseases that were previously nonexistent, which may be questioned in the future as a result of the lack of indispensable care for his race and environment,” states the document sent to the court months ago.

Forgotten Prisoner In December 2022 and May of this year, two peaceful protests for Serere’s release were organized by indigenous people from his tribe, as well as other ethnicities. The first protest took place in front of the Supreme Federal Court (STF), while the second occurred at the Esplanade of Ministries. During the most recent demonstration, the group led by indigenous activist Delfim Tsererówẽse met with Senator Luis Carlos Heinze (PP-RS) and called for action regarding Serere’s case. Other lawmakers are being approached to raise awareness about the chief’s situation, but few have actively engaged in his defense, with the exception of federal deputy Sílvia Waiãpi (PL-AP), who has made statements about the indigenous man and criticized his imprisonment.

Levi de Andrade, Serere’s former lawyer, states that the National Foundation of Indigenous Peoples (Funai) has done nothing for Serere. “Funai has forgotten him,” said Andrade. He noted that neither any association claiming to represent “indigenous peoples” nor the Ministry of Indigenous Peoples, headed by Sônia Guajajara, has shown solidarity or provided assistance to the chief. When assuming the leadership of the ministry, Sônia promised to take care of all indigenous people and proclaimed herself as the spokesperson for her fellow indigenous individuals. “Many indigenous peoples are experiencing a true humanitarian crisis in our country, and now I am here to work together to end the normalization of this unconstitutional state that has worsened in recent years,” she stated at the time. “This ministry is committed to promoting indigenous policies throughout the national territory.”

According to Pessoa, there is little to do at the moment since the STF is ignoring the defense’s requests. “Unfortunately, all we can do is wait for Moraes to make a decision,” he said. Serere is living in a situation similar to that of other protesters arrested on January 8. Many of them are still detained in Papuda and Colmeia. Most have obtained temporary freedom but are required to wear electronic ankle monitors and comply with a series of restrictive measures. If Serere manages to leave prison alive, he will likely become just another individual in the crowd who has become a prisoner of fear in Brazil without having committed any crimes specified in the Constitution.