The president of the STF (Supreme Federal Court), minister Luís Roberto Barroso, set a new deadline for the Union to publish the regulations that regulate the police power of Funai (National Indian Foundation). Here is the decision (PDF – 99kB).
Rapporteur at ADPF (Argument of Non-compliance with Fundamental Precept) which questions, among other points, Funai’s actions in relation to the protection of indigenous territories, Barroso made the decision on December 20th.
In March of this year, the minister had determined that the Union would regulate Funai’s police power within 180 days. As the deadline expired in October, the Union requested a 60-day extension for the publication of the standard, claiming that the documents related to the topic were confidential.
The president of the Supreme Court, however, decided to maintain the original deadline, with the determination that the regulations be published by January 31, 2025.
If the Union does not meet the deadline, the minister determined that all preparatory documents be attached to the case files, even if under secrecy. According to the STF, the measure aims to guarantee transparency and judicial control over the regulatory process.
In the decision, Barroso highlighted the importance of regulating Funai’s police power for the protection of indigenous territories and highlighted that Funai’s actions do not exclude the competence of other environmental bodies, such as Ibama (Brazilian Institute of the Environment and Natural Resources Renewables).
The minister also defended the need for coordinated and collaborative action between the different bodies involved in protecting the environment and stated that this level of coordination is routinely exercised between the federal government and state environmental bodies and that, as a result, no There are reasons why this collaboration should not occur between 2 bodies at the same federative level.
ADPF 709
Concerned about the vulnerability of indigenous peoples to Covid-19, Apib (Articulation of Indigenous Peoples of Brazil) proposed ADPF 709 in July 2020, together with six political parties, with the suggestion of protection measures for indigenous communities to contain the advancement of the pandemic in the territories occupied by these people.
In the action, the entity called for the removal of invaders from the Yanomami, Karipuna, Uru-Eu-Wau-Wau, Kayapo, Arariboia, Mundurucu and Trincheira Bacaja Indigenous Lands, as well as the strengthening of indigenous health services.
