Famato informs that it is following the issue of the “Sangradouro Indigenous Land”

The Federation of Agriculture and Livestock of the State of Mato Grosso (Famato) reported that it is monitoring the developments of the judicial decision in Public Civil Action 0012766-82.2003.4.01.3600, which is being processed in the 1st Federal Court of the Judiciary Section of Mato Grosso. The action, promoted by the Federal Public Ministry, has as defendants the Union, the National Indian Foundation (Funai), the Primavera do Leste Producers Association and the Primavera do Leste Rural Union, among others.

According to the ruling, Funai and the Union must complete the administrative process of reviewing the limits of the "Sangradouro, Volta Grande Indigenous Land" within two years. Furthermore, the other defendants must refrain from interfering in the redemarcation work. However, this decision was subject to embargoes still pending analysis. Among the issues raised, the existence of Direct Constitutionality Action (ADC) 87 stands out, which debates the constitutionality of Law 14.701/2023, especially with regard to the time frame and the prohibition on the expansion of already demarcated indigenous lands.

In the context of ADC 87, under the report of Minister Gilmar Mendes, on June 27, 2024, Famato's participation as "amicus curiae" was approved. It was also determined to create a special commission with representatives from the National Congress, Union, States and Municipalities. The commission, which has an initial deadline for work until December 18, 2024, aims to debate new approaches to constitutional litigation regarding the time frame law.

In relation to Public Civil Action 0012766-82.2003.4.01.3600, the motions for clarification filed by defendants Dirceu Aurélio, Agropecuária Ipê and others will be judged. They question the existence of two sentences in the case file. The first, on May 13, 2024, dismissed the demand as unfounded, arguing that the review of the demarcation limits would not be appropriate due to the five-year period established by article 54 of Law 9.784/99. The second sentence, dated July 1, 2024, gave rise to the public civil action, determining the conclusion of the administrative analysis procedure on the redemarcation of the IT within two years.

If the redemarcation decision is upheld by the higher courts, the initial phase of identifying and delimiting the area by Funai will begin and can be followed by all entities and interested parties. In the end, if the working group's technical report is approved, there will be a period of 90 days for demonstrations and objections, which will be responded to by FUNAI before sending it to the Ministry of Justice for the declaration of the area as Indigenous Land. The final decision will still depend on approval by the President of the Republic.

Famato requested FUNAI, on March 20, 2024, highlighting the need to comply with the legal changes promoted by Law 14.701/2023 and requesting participation in the demand. The federation also requested entry into another 28 administrative processes for the demarcation of Indigenous Lands in Mato Grosso.