Brazil court blocks forced removal of indigenous community from José Boiteux Dam

The Federal Regional Court (TRF4) has overturned a previous ruling that authorized the forced removal of the Laklãnõ/Xokleng indigenous community from the area surrounding the José Boiteux Dam in Santa Catarina, Brazil. The new decision suspends the immediate coercive removal, prohibits the demolition of existing dwellings, and lifts the general ban on movement within the area.

The community has occupied the site since July 2023, following the loss of their homes during major floods. Indigenous leader Fabiana dos Santos stated that the community views the location as a safe haven while they await the construction of new housing promised by the state government.

The Santa Catarina State Government and its Civil Defense have filed a request for reconsideration. The state argues that the removal is essential to ensure the safety and continuity of maintenance works on the dam. Officials previously claimed that construction efforts were interrupted due to alleged threats against workers and the seizure of machinery.

While the court blocked the forced eviction, it mandated that the state provide technical guidance regarding the risks of staying in the affected area, update emergency evacuation plans, and ensure the community is notified and provided with safe shelter in the event of rising water levels or dam gate operations.