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Recognized general repercussion in appeal that discusses possession of areas traditionally occupied by indigenous people

The Virtual Plenary of the Brazilian Federal Supreme Court (STF) unanimously acknowledged the existence of a general repercussion in Extraordinary Appeal (RE) 1017365, which deals with the definition of the legal-constitutional statute of possession relations of areas of traditional indigenous occupation based on the rules established in Article 231 of the Federal Constitution.

The appeal was filed by the National Indian Foundation (FUNAI) against a judgment of the Federal Regional Court (TRF-4), which confirmed a judgment of first instance that granted a repossession action filed by the Foundation for Technological Support for the Environment (Fatma). The hypothesis refers to an area declared, administratively, as a traditional occupation of the Xokleng Indians, located in part of the Sassafras Biological Reserve, in the State of Santa Catarina.

The ruling found that there was turmoil in the exercise of possession of the biological reserve area by the presence of Indians in the region. He also pointed out that there are no elements that allow us to infer that the lands are traditionally occupied by the Indians, noting that who occupies the area for purposes of environmental preservation, is the author

Manifestation of the rapporteur

The Rapporteur of the appeal, Justice Edson Fachin, considered that the requirement of general repercussion of the matter was satisfied because of the legal relevance of the matter. For him, there is a flagrant risk of creating precedents "that foment situation of absolute instability and vulnerability of the administrative acts edited with national scope". According to the Justice, the indigenous issue "is not resolved or at least serene", which is why it understood the importance of the Court to analyze the effective constitutional protection of the rights of indigenous communities to the possession and usufruct of lands traditionally occupied.


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