The Justice decided that a public civil action for irregularities in the works of a road that has direct impacts on indigenous lands in Mato Grosso will not prescribe. The decision of the Federal Regional Court of the 1st Region (TRF1) determines the continuation of a public civil action by the Federal Public Ministry against the Union, the state of Mato Grosso and the National Department of Transport Infrastructure (Dnit).
The lawsuit questions the lack of impact studies for paving works on the MT-170 Highway, between the cities of Campo Novo do Parecis and Juína, in six indigenous lands adjacent to or close to the road: Irantxe, Utiariti, Tirecatinga, Menkü, Enawenê -Nawê and Erikbatsá.
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The MPF requested the preparation of an Indigenous Component Study, an instrument that measures socio-environmental damage, and, subsequently, the carrying out of prior consultation with the indigenous peoples affected by the work, in addition to the payment of compensation for material and moral damages.
The rapporteur for the case, judge Souza Prudente, stated that even if the statute of limitations were admissible due to the deadline, it could not be accepted, since the alleged environmental damage to indigenous people has not yet been measured. In the opinion of the judge, while this does not happen, the limitation period should not even be counted.
With the TRF1 decision, the case returns to the first instance until the damages are assessed.
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Editing: Nicolau Soares
