Court orders completion of demarcation of Tapayuna land in MT and sets compensation of R$10 million for historical violations
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Funai headquarters, in Brasília.
Funai headquarters, in Brasília.
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The Federal Court in Mato Grosso ordered the Union and the National Foundation of Indigenous Peoples (Funai) to complete, within 24 months, the demarcation of the traditional land of the Kajkwakratxi people, also known as Tapayuna. The decision also establishes the payment of R$10 million for collective moral damages and the holding of a public apology ceremony to the indigenous community.
The sentence was handed down by federal judge Pablo Kipper Aguilar, who recognized the occurrence of serious human rights violations against the Kajkwakratxi people. Among the measures determined is the Union's obligation to gather documents available in the National Archives related to episodes of violence that occurred during the occupation of the Arinos River region and the forced displacement of indigenous people to the Xingu Indigenous Park.
The action had the support of the Federal Public Defender's Office (DPU) and the Federal Public Ministry (MPF), which worked to defend the community's rights.
In the decision, the judge rejected Funai and the Union's claim that the ten-year period set by the Federal Supreme Court (STF) for the completion of ongoing demarcations would prevent judicial intervention. According to the judge, this deadline is administrative in nature and does not rule out the possibility of Justice acting in cases of excessive delay.
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President of the Tapayuna Indigenous Association (AIT), Wetaktxi Tapayuna celebrated the decision. In a message released by the DPU, he stated that the result represents a historic achievement for the community and for the generations that fight for the recognition and protection of traditional territory.
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According to the MPF, the Kajkwakratxi suffered successive violations throughout the last century, a situation that had profound impacts on their social organization. In the 1970s, the group was compulsorily removed from its traditional area to the Xingu Indigenous Park by State action.
Kajkwakratxi (Tapayuna) people.
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The agency also highlighted that a Tapayuna Indigenous Reserve was created in 1968, but was extinguished eight years later on the grounds that there were no indigenous people in the region. Despite this, there is evidence that members of the ethnic group, including isolated groups, remain to this day in the area of traditional occupation.
g1 Mato Grosso contacted Funai, but received no response until the report was published. The text will be updated in case of a response.
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