Federal Court orders Demarcation of Indigenous Territory in Amazonas

By Jadson Lima – From Cenarium

MANAUS (AM) – The Federal Court of Amazonas ruled on Tuesday, the 21st, that the Union and the National Foundation for Indigenous Peoples (Funai) must immediately resume the demarcation of the Pwarachi Kuema Kokama Indigenous Territory (IT), located in the municipality of Santo Antônio do Içá (AM), 878 kilometers from Manaus. Federal Judge Lincoln Rossi da Silva Viguini set a daily fine of R$ 10,000 in case of noncompliance with the decision.

The judicial order was issued after the Federal Public Prosecutor’s Office (MPF) filed a civil lawsuit against the Union and Funai, alleging that the demarcation process of the IT has been stalled since 2021. In addition to ordering the resumption of the demarcation procedures, the magistrate also instructed Funai to present, within 90 days, a detailed timeline of the remaining steps for completing the procedure. See an excerpt from the decision:

In the decision, the judge rejected Funai’s request to suspend the progress of the process. In their submission, the institution claimed that the “requirements for granting urgent relief” were not met and argued that it was necessary to await the final ruling on the General Repercussion in Extraordinary Appeal 1.017.365 before resuming the administrative process of demarcating indigenous lands.

The magistrate justified his decision based on Supreme Federal Court (STF) jurisprudence, pointing out that suspending the process would harm the territorial rights of indigenous peoples. According to the court, the measure aims to prevent a series of violations of human rights, particularly concerning the self-determination of indigenous communities.

“It is clear that granting the sought-after injunction is not an irreversible measure, as, according to the plaintiff, the aim is for the defendants to move forward with the demarcation procedure for the Pwarachi Kuema Kokama people’s territory, thereby stopping the numerous violations of the basic rights of the indigenous community”, the judge mentions in a portion of the decision. See below:

Demarcation Began in 2003

In a statement to the court, the National Foundation for Indigenous Peoples (Funai) revealed that the demarcation process for the Pwarachi Kuema Kokama Indigenous Territory (IT) began in April 2003. At that time, Ordinance 301/Pres-Funai was published, establishing a Technical Group (GT) tasked with conducting the necessary studies for identifying and delimiting the area. However, it was only after about five years that the preliminary report resulting from the GT’s work was finally analyzed, “even then concluding that further data was required.”

The federal judge also mentioned that Funai “made it clear” that the analysis of the demarcation process had not progressed. The decision notes that only one meeting was held between officials from the Coordination for Guidance on Multidisciplinary Studies and leaders of the Kokama People. During the meeting, it was agreed that the Pwarachi Kuema village, along with other Kokama villages located in the Solimões River basin, would be included in studies for identifying and delimiting the São Gabriel/São Salvador Indigenous Territory.

See the full decision:

Translated from Portuguese by Gustô Alves