ADPF 769
Argument for Failure to Comply with a Fundamental Precept
Reporting Justice: Marco Aurélio
This action also received the following seals:
CONTEXT
The paralysis of the land reform process in Brazil since 2019 has resulted in an increase in land conflicts, according to reports by IPEA and the Pastoral Land Commission. There was a peak of 1,833 conflicts that year, amid the inaction of the National Institute for Colonization and Agrarian Reform (INCRA).
LEGAL SUIT
The lawsuit aims to order the Federal Executive Branch to adopt measures to continue the agrarian reform process, such as allocating the funds provided for in the Annual Budget Law (LOA) and drawing up a national plan, in view of the constitutional principles of human dignity, legal certainty and the rights to adequate food and housing for small family farmers and settlers, who have been left unattended since the federal agency’s work was interrupted.
OUTCOME
The lawsuit is awaiting final judgment.
REPERCUSSION
“The lawsuit asks the Federal Supreme Court to recognize and remedy “the serious injuries to fundamental precepts of the Constitution practiced by federal agencies of the Brazilian State, resulting from the paralysis of agrarian reform and the non-allocation of federal public lands for this purpose.”