The Federal Court in Roraima recognized the occurrence of irregular aerial spraying of pesticides near the Morcego Indigenous Community, in the Serra da Moça Indigenous Territory, and ordered those responsible to pay R$ 750,000 for collective moral damages. The sentence was published on September 18, 2026, and determined that the defendants must refrain from carrying out agricultural spraying by aircraft or other aerial vehicles in violation of environmental and safety regulations in areas adjacent to the Indigenous Territory.
The decision is the result of a complaint filed by the Indigenous Council of Roraima (CIR) with the Federal Public Prosecutor's Office (MPF) in August 2021, after the organization received reports and records from the community about the spraying of a soybean crop located near the indigenous territory. According to residents' accounts, the application of pesticides was reaching the community's homes, generating concern about the impacts on the health, environment, and safety of indigenous families.
At the time, CIR brought to the attention of the residents' concerns regarding the impacts and risks caused by agricultural activity in the community's surroundings. Based on the complaint, the MPF investigated the case, conducting inspections and collecting evidence that formed the basis for Public Civil Action No. 1008692-10.2023.4.01.4200.
In its ruling, the Federal Court considered that the conduct analyzed was not limited to an administrative irregularity, but produced impacts on environmental security and the collective tranquility of the indigenous community. Among the elements considered in the process are inspections carried out by IBAMA, which recorded irregularities in the operations, the proximity between the spraying areas and indigenous residences, as well as records of overflights and spraying near the community. Records of alterations in vegetation and impact on communal farming areas were also considered.
For CIR, the decision reinforces the importance of ensuring that projects and activities developed in the vicinity of Indigenous Lands strictly observe environmental legislation and respect the rights of Indigenous populations living in these areas. Many of these communities are directly affected by environmental impacts and exposure to potentially polluting materials and substances, without being properly considered in licensing, inspection, and environmental protection processes.
For leader Leirejane Macuxi, who at the time was the chief of the Morcego Indigenous Community, the decision represents much more than compensation. It is the recognition of the community's struggle to defend its territory and for the right to live in safety.
“It is a very emotional moment to see this decision after so many years. We denounced it because we were concerned about our people, our children, our crops, and our territory. The community wasn't making up what was happening. We were living through it. This decision brings hope and shows that it is worthwhile to fight and denounce when our rights are disrespected. It is an important recognition for the community and for all Indigenous peoples who defend their territories.”
The CIR Legal Advisory Office will continue to monitor the case, providing necessary information to the relevant authorities and offering support to the community and indigenous leaders of the Morcego community.
(Case No. 1008692-10.2023.4.01.4200 – Federal Court/TRF1 – The information corresponds to the judgment rendered in the case, which is still subject to applicable appeals).