A (In)eficácia das decisões judiciais decorrentes da ação de reintegração de posse ajuizada pelo Ministério Público Federal: o caso da terra indígena Alto Rio Guamá

Abstract

Introduction: The eviction of indigenous lands is a complex and high-risk activity, due to the variables involved, and has been presented as one of the most important challenges for the Federal Public Prosecutor's Office, specifically in the application of judicial decisions resulting from repossession actions. Objective: to investigate, through critical and analytical means, the effectiveness of judicial decisions resulting from the judicial action for repossession of the Alto Rio Guamá Indigenous Land, proposed after the Decree of October 4, 1993. Method: the study is exploratory descriptive with bibliographic review, documentary and field research, with a qualitative approach and analysis of the process. In the documentary scope, relevant legislation was examined, including the Federal Constitution, Law No. 7,347/1985 and Complementary Law No. 75/1993, as well as the Decree of October 4, 1993 that ratifies the administrative demarcation of the Alto Rio Guamá Indigenous Land, in the State of Pará, the universe of the research. The specific case was analyzed based on Public Civil Actions nº 0000355-62.2012.4.01.3900 and nº 1002137-83.2023.4.01.3906, corroborated with specific data, including analysis of typical acts of action by the Federal Public Prosecutor's Office, study of applicable legislation, and evaluation of the effectiveness of court decisions. Results: Since 1993, after the demarcation of the Alto Rio Guamá Indigenous Land, there has been a process of eviction that has intensified with the action of the Federal Public Prosecutor's Office, through actions of repossession. Despite compensation and police actions to evict, many invaders remained in the area, leading to conflicts and illegal exploitation of natural resources. In 2014, a court decision reaffirmed the need to evict the territory, but the execution of the order faced resistance and inertia on the part of the responsible authorities, resulting in continuous conflicts and invasions. After several petitions and the creation of an operational plan for the eviction, the federal government finally approved the sentence in 2023. In June 2023, the Reintegration of Possession Order was delivered to the indigenous peoples, and security actions were implemented to ensure the removal of the irregular occupants, which is still ongoing. Conclusion: the Federal Public Prosecutor's Office faced several difficulties in executing the legal actions related to the eviction of the Alto Rio Guamá Indigenous Land, with emphasis on the resistance of external groups with bargaining power, the disorganization among the responsible agencies, the lack of continuity in the protection actions, as well as the inertia of the Union and the collaboration of municipal authorities with the invaders. In addition, frequent conflicts and the illegal exploitation of natural resources in the area revealed a vicious cycle that compromised the effectiveness of the measures, highlighting the complexity of the case and the need for more integrated action among the institutions involved.