The National Foundation of Indigenous Peoples (Funai) now has police power to protect indigenous lands. In Published Decree This Monday (3), President Luiz Inacio Lula da Silva regulates the use of this force by Funai.
The publication meets a requirement of the Federal Supreme Court (STF) of December last year. In 2020, the articulation of the indigenous peoples of Brazil (APIB) had filed a lawsuit against the public power, because of the way indigenous peoples were being treated during the pandemic. In the action, measures were proposed to protect communities and territories.
Now, according to the decree, Funai should use police power to prevent violation – or the threat of violation – of indigenous rights, and prevent the illegal occupation of their lands.
Funai agents should combat attacks on cultural, material and immaterial heritage, as well as curb illegal buildings and exploration activities performed by others within indigenous lands and in disagreement with the law.
Funai police force targets include those who try to improperly remove the indigenous people from their own lands; who inadequate use the image of the indigenous or communities, without proper authorization; and whoever attacks or misrepresents the signs and milestones that delimit the territories.
Funai can restrict access to indigenous lands, issue a precautionary certificate and determine the compulsory withdrawal of occupants, and destroy, render unusable, seize goods or facilities used in the infractions.
The institution can also request public security bodies, especially the Federal Police (PF) and the Armed Forces, cooperation to protect communities.
The execution of all these measures now depends on career attributions within Funai.
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