Union compensation must be modulated within the time frame – 08/28/2023 – Panel

The vote of Minister Alexandre de Moraes (Federal Supreme Court) in the time frame that stipulates the compensation of the Union to rural producers who regularly acquired indigenous lands should be modulated in the thesis that would be applied to other cases, assess court technicians.

This is because in some cases these territories were regularized by state governments before any indigenous claim was made. The interpretation is that the Union should not be responsible for reimbursement in these situations, as it had no involvement in the assignment of lands.

In the specific case of Santa Catarina that originated the special appeal, the state’s Institute of the Environment is asking for the repossession of an area located in a reserve declared by Funai (National Foundation of Indigenous Peoples) as a traditional indigenous occupation.

The foundation contests the decision of the TRF-4 (Regional Court of the 4th Region) which stated that there was no evidence that the lands would traditionally be occupied by indigenous peoples. The trial will resume this Wednesday (30).

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