In a decision celebrated by the indigenous movement, the 2nd Panel of the STF (Supreme Federal Court) unanimously rejected the request of the municipality of São Félix do Xingu (PA) to annul the ratification decree for the Apyterewa Indigenous Land, of the Parakanã people, signed by the Presidency of the Republic in 2007.
On the other hand, this is a defeat for the government of Jair Bolsonaro (PL), which supports the municipality’s efforts to cancel the approval, and also for the government of Pará, under Helder Barbalho (MDB), which participates in the process as an amicus curiae. (friend of the court), in support of São Félix’s demand.
“In a context of erosion of the protection of indigenous rights in Brazil, this decision by the highest court of Justice reaffirms the unavailable nature of the Apyterewa Indigenous Land”, says lawyer Tito Menezes, of the Sateré-Mawé people. He participated in the trial as a legal advisor to Coiab (Coordination of Indigenous Organizations of the Brazilian Amazon).
“The Constitution did not establish the legal provision for negotiating an indigenous land through a writ of mandamus or conciliation, as the authors intended,” he added.
Menezes explains that the ministers of the 2nd Panel followed the monocratic decision of colleague Gilmar Mendes. In 2019, he did not accept the argument of the city hall and an association of bona fide squatters and squatters that the demarcation of Apyterewa had been carried out without the broad defense and contradictory of non-indigenous people.
The 2nd Panel includes ministers Nunes Marques and André Mendonça, both nominated by Bolsonaro, in addition to Edson Fachin, Ricardo Lewandowski and Mendes himself.
After the 2019 decision, the city government filed an interlocutory appeal asking for the opening of a “conciliation” at the Attorney General’s Office (AGU).
Mendes approved the measure in 2020. On October 20 of that year, the president of Funai (National Indian Foundation), Marcelo Xavier, signed an order stating that he was in favor of the “conciliatory path”. The information was revealed by UOL columnist Rubens Valente.
Pressured by the invasion of up to 3,000 families, according to the city hall, Parakanã leaders agreed to reduce their territory by 50.7% (392,000 hectares), in an attempt to stop the siege of the villages. They were coerced into opening a rut to establish a “new boundary”, under armed surveillance.
In December, a new decision by Mendes ended the negotiation period. According to the minister, “the demarcation observes legal and constitutional criteria, anchored in anthropological reports, which is why it cannot be deconstituted by a simple act of will of the State, much less indigenous and non-indigenous communities”.
Searched for by the sheetthe São Félix legal prosecutor, Bianca Candido, did not comment on whether she will appeal the decision until the publication of this text.
In a parallel process, the Attorney General of the Republic, Augusto Aras, asked the president of the STF, Luiz Fux, to suspend the effects of the decision that prevents the withdrawal (disintrusion) of non-indigenous people from Apyterewa. The action is from December, but the minister has not yet decided.
According to the MPF (Federal Public Ministry), due to the invasions, the parakanãs occupy only 20% of their territory. Between August 2020 and July 2021, Apyterewa was the most deforested indigenous land in the country, according to Inpe (National Institute for Space Research).
For Coiab’s lawyer, the next step will be to ensure the exclusive use of the Parakanãs over their territory. “Once reaffirmed the legitimacy of the demarcation of the Apyterewa Indigenous Land, there is an urgent need to proceed with the deintrusion”, says Tito Menezes.
