The 1st Federal Court of Carazinho (RS) sentenced the Cooperative of Indigenous Workers of Serrinha (Cotrisserra) and its president to pay compensation for collective material and moral damages. The decision is based on the non-compliance with the Term of Adjustment of Conduct (TAC) signed to address the illegal leasing of land to non-indigenous individuals. The sentence, published on September 11, is by Judge Adriana Liberalesso da Silva.
Members of the Council of Elders of the Serrinha Indigenous Land filed the lawsuit, alleging that the TAC was signed in 2019 between Cotrisserra, the Federal Public Ministry (MPF), and the National Fund for Indigenous Peoples (FUNAI). The agreement established measures for the gradual transition of productive activities in the reserve, with the aim of expanding the community's autonomy in managing its territory.
In their defense, the defendants initially argued the lack of legal representation of the Council of Elders, and in the merits, they denied any misuse of funds, stating that the accounts are audited, that the entity invested in health, education, and agriculture in the village, and that the lawsuit has political motives.
The judge rejected the preliminary argument of lack of legal representation, highlighting that Article 232 of the Federal Constitution guarantees indigenous people and their communities the right to bring lawsuits to defend their interests, not applying the ordinary rules for civil associations.
Legal proceedings
Throughout the process, the Public Ministry requested the appointment of a provisional administrator for the cooperative, the carrying out of accounting audits, the extension of deadlines due to the lack of document submission by the defendant, and the lifting of the tax confidentiality of the managers – requests accepted by the court.
The technical expert confirmed the non-compliance with various obligations of the agreement, such as: absence of georeferencing, lack of individualization of areas to be removed from lease, non-existence of a plan for the use of machinery, implements and assets acquired by the cooperative, as well as non-compliance with environmental preservation measures.
"The absence or incomplete fulfillment of these obligations compromised the very instruments designed to facilitate the transition from lease or agricultural partnership to autonomous production and to ensure the distribution of benefits in favor of the indigenous community," the judge noted.
In light of the irregularities identified, the Public Ministry issued a recommendation for FUNAI not to renew or sign new instruments without effective transfer mechanisms, broad community participation, and a monitoring system capable of ensuring the progressive removal of lessees.
Based on the analysis of the accounting documents, the amount of the damage caused by the non-compliance with the TAC was fixed at R$ 392,302.48. The judge also concluded that there was a serious collective patrimonial damage sufficient to justify compensation for moral damage, given that members of the community who questioned the management of the cooperative were the target of intimidation, violence and expulsion.
Judgments and determinations
The judge partially accepted the claims, sentencing Cotrissera to pay R$ 392,302.48 for material damages and R$ 100,000 for collective moral damages, with proper monetary correction.
The amounts will not be directly paid to the plaintiffs; they must be deposited in a judicial account and used for projects and actions benefiting the Serrinha Indigenous Territory community. The allocation of resources will depend on the presentation of a specific plan, subject to community deliberation, with the supervision of Funai and prior approval from the Ministério Público Federal (MPF).
The sentence also decreed the disregard of the cooperative's legal personality exclusively in relation to its president, extending the effects of the sentence to its personal assets to jointly respond for the debts. It was also determined that the entity must convene a new General Assembly within 60 days for the election of the board, with the supervision of Funai.
The decision is subject to appeal to the Federal Regional Court of the 4th Region (TRF4).
Núcleo de Comunicação Social da JFRS (secos@jfrs.jus.br)
(Photo: Museu Paraense Emílio Goeldi-iphan.gov.br)