The Federal Court ordered this Wednesday (27) the annulment of the contract signed in 2021 between the (National Institute of Colonization and Agrarian Reform) and Belo Sun Mineração on the concession of an area originally intended for mining, but which would be used for extraction. no.
The public civil action was filed in 2022 by the DPU (of the Union) and the Public Defender’s Office of the State of Pará. The bodies argued that the area was intended for agrarian reform policy and that the concession of use for the mining enterprise was irregular, as it did not there was disaffection [mudança de destinação da área] formal area.
Furthermore, they stated that the contract would violate the rights of the settled communities, based on reports that the mining company was restricting the movement and access of third parties.
Belo Sun, in turn, defended the validity of the signed contract and stated that it was made based on a legal opinion prepared by Incra itself, which recognized the possibility of using the area.
The Institute also defended the validity of the contract “supporting the occurrence of tacit disaffection of the area, since it would no longer be occupied by beneficiaries of the agrarian reform”, according to the court decision.
He further argued that the venture “would bring public interest benefits, achieving the compatibility of the public interests involved, and that Incra’s role is to ensure that the impact on the National Agrarian Reform Policy is as small as possible and adequately compensated.”
In the decision, judge Leonardo Araujo de Miranda Fernandes stated that, for the area to be allocated to another use, a formal normative act would need to have occurred, which there was not, making the contract null and void. As a result, the area continues to be used for agrarian reform policy.
“Its disaffection would require a formal normative act of the same nature, which did not occur, making it unfeasible to use this area for any purpose other than that originally foreseen.”
The sentence also determines that the settlers are informed of all stages of the project and have access to a dialogue channel — together with Incra and the mining company — to present proposals and suggestions on the most appropriate reparation measures, “with the aim of preserving agrarian public policy”.
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