Former president of Funai is acquitted in action for improbity

The former president of the National Indian Foundation (Funai), Marcelo Xavier, was acquitted in a process by the Federal Public Ministry (MPF) that accused him of administrative improbity for disobeying several decisions in a judicial agreement in which the authority committed to advance in the demarcation of the Munduruku indigenous territory of the Santarém plateau. The ruling against the MPF’s appeal was published by federal judge Dirley da Cunha Júnior, of the Federal Regional Court of the 1st Region (TRF1), this Friday (1).

The MPF pointed out that the former president failed to comply with six decisions of the Federal Court, which constituted an act of administrative improbity by unduly delaying or failing to perform an official act, violating the principles of public administration.

In his decision against the MPF’s case, the judge said that he “did not support the appellant” and declared the need to “demonstrate specific intent”, which is why he denied the MPF’s appeal.

Marcelo Xavier’s defense celebrated the federal judge’s decision and pointed out that it “confirms the persecuting nature of the MPF”. “The confirmation of the judgment of unfoundedness by the Federal Regional Court of the First Region confirms the persecuting nature of the MPF in the face of Marcelo Augusto Xavier, as all the fallacies contained in the Public Civil Action for administrative improbity were duly refuted, thus overturning yet another narrative in light of our client’s performance as President of FUNAI”, said lawyer Marcos Soares Júnior to Gazeta do Povo.

On Wednesday (29), judge Ney Bello, from TRF1, suspended this Monday (27) the criminal investigation opened by the Federal Police against the former president of the National Foundation for Indigenous Peoples (Funai), Marcelo Xavier, by murders of indigenous man Bruno Pereira and journalist Dom Phillips. For the judge, holding Xavier responsible for “omission” would be frivolous.