The minister of the Federal Supreme Court (STF), Luis Roberto Barroso, decided on Tuesday (Feb. 1) to suspend the administrative acts of the National Indian Foundation (FUNAI) that exclude non-demarcated Indigenous Lands from the protection activities of the indigenous agency. The minister's decision responds to a lawsuit filed by the Articulation of Indigenous Peoples of Brazil (Apib) before the STF on January 14 against the indigenous body of the Federal Government.
Since December 29, 2021, Funai has excluded non-demarcated Indigenous Lands (IT) from protection activities. Around 239 traditional territories were directly affected by the measure, in addition to 114 peoples in voluntary isolation and recent contact. In addition to the action taken in the Supreme Court, through ADPF 709, underway in the STF, Apib also filed a representation before the Federal Public Prosecutor's Office (MPF) against the Organ's act. Another 15 indigenous organizations also filed a request for administrative impropriety before the MPF against Funai.
The Funai measure was issued by the General Coordinator of Territorial Monitoring, Alcir Teixeira, to guide the Regional Coordination Offices, the Environmental and Territorial Management Services (SEGATs) and the Local Technical Coordination Offices (CTLs). The decision was based on a legal understanding of the Specialized Federal Prosecutor's Office (PFE) of Funai, which conditions the execution of territorial protection activities only after the conclusion of the administrative demarcation procedure, that is, after the demarcation has been ratified by presidential decree and the property is registered in the name of the Union.
Consult the points of Minister Barroso's decision:
"The immediate suspension of the effects of Circular No. 18/2021/CGMT/DPT/FUNAI and Ruling No. 00013/2021/COAFCONS/PFE-FUNAI/PGF/AGU and (ii) the performance of the territory protection activity on indigenous lands by FUNAI, regardless of its homologation. Issue, with the utmost urgency, letters to the Attorney General's Office of the Union; (ii) the Federal Specialized Prosecutor's Office with FUNAI, (iii) the Coordination of Finalist Affairs - COAF PFE FUNAI SEDE; (iv) the National Indian Foundation - FUNAI; (v) FUNAI's Territorial Follow-up Coordination; (vi) FUNAI's Regional Coordination Offices; (vii) FUNAI's Environmental and Territorial Management Services - SEGATs; and (viii) FUNAI's Local Technical Coordination Offices - CTLs. It is hereby stated, in said writings, that repeated non-compliance with this decision will entail the extraction of documents and their due referral to the organs of the Public Prosecutor's Office for the verification of the crime of disobedience, under the terms of art. 330 of the Penal Code."
Access Apib's full petition to the STF here.
Access Apib's complete representation to the MPF here
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