Federal court denies repossession order and reinforces indigenous rights in Paraty.

247 - The Federal Court accepted the arguments of the Federal Public Prosecutor's Office (MPF) and dismissed a repossession lawsuit filed by members of the Caiçara Traditional Community of Rio Pequeno, in Paraty (RJ). The disputed area is part of the demarcation process of the Tekoha Jevy Indigenous Land, conducted by the National Foundation for Indigenous Peoples (Funai).

The plaintiffs claimed that their families had occupied the Bela Vista property, in the Rio Pequeno neighborhood, for over a century, since 1918, and that they were prevented from returning to the site by individuals "who identified themselves as indigenous." Initially, the State Court had granted a preliminary injunction for repossession, but the case was referred to the Federal Court after the Guarani Yvyrupa Commission (CGY) and Funai reported that the area is in the process of being demarcated as traditional indigenous territory.

The Federal Public Prosecutor's Office (MPF), represented by prosecutor Aldo de Campos Costa, opposed the repossession order, arguing that the plaintiffs did not correctly identify the occupants of the property nor precisely delimit the disputed area. Furthermore, it highlighted that the property is within the boundaries of the demarcation process for the Tekoha Jevy Indigenous Land, making it necessary to conclude the administrative procedure before any judicial decision regarding the possession of the territory.

The Federal Court accepted the arguments of the Federal Public Prosecutor's Office and dismissed the case without prejudice, based on articles 321 and 330, item IV, of the Code of Civil Procedure. The decision guarantees greater legal security for the Guarani Mbya people, who have historically occupied the area and are awaiting land regularization.

[With information [from the Federal Public Prosecutor's Office]