TRF1 court maintains Kayabi Indigenous Land demarcation

The Sixth Panel of the Federal Regional Court of the 1st Region (TRF1) has unanimously decided to allow the continued demarcation of the Kayabi Indigenous Land, which spans approximately 1.1 million hectares between the states of Mato Grosso and Pará.

The court rejected a request from local landowners to suspend the demarcation process pending an appeal. The landowners argued that the demarcation, facilitated by a 2002 Ministry of Justice ordinance, improperly expanded previously demarcated territory and contradicted Supreme Federal Court precedents. They also claimed to hold valid state-issued property titles and asserted there was no traditional indigenous occupation on the land.

The lawsuit was filed against the National Foundation for Indigenous Peoples (Funai) and the Union. While a previous injunction had temporarily halted the physical demarcation by the Brazilian Army, the Supreme Federal Court had later suspended that halt, citing that stopping the process could cause serious harm to public order and the economy. Funai, the Union, and the Federal Public Ministry all advocated for the continuation of the demarcation works.