The Federal Regional Court of the 2nd Region granted an injunction to suspend the effects of a court decision authorizing AA to remove one from a farm in the city of Conceição da Barra (ES) that would be quilombola territory.
The action was filed in June by the Union (DPU), which represents the Quilombola Association of Small Agricultural Producers of the Felipe Stream, affected by the first instance sentence.
DPU has decided to file a lawsuit to terminate the sentence for violating “not only national laws, but also innocuous treaties and conventions, not to protect the right to the property of quilombola remnants,” according to the Regional Defender of Human Rights in Espírito Santo, Pablo Farias Souza Cruz.
The agency argues that it was not summoned to defend the rights of quilombolas in the action that decided to reintegrate the land to Suzano, and that the affected ones themselves were not heard either.
The DPU also states that, during the action, it was “widely demonstrated that the territory in dispute is quilombola land, belonging to the quilombola Angelim community, leaving evident the lack of protection to the right to property of quilombola remnants.”
“Those harmed by the decision are quilombola remaining that always resided in the locality, having the real right on the property, having its homes on site and planting for its subsistence,” he indicates, in the play.
The Defender also states that the process had another problem, which was chosen as defendant someone who did not live in the place, preventing residents from participating in the action.
In making his decision, Judge Sérgio Schwaitzer of TRF-2 confirmed that the DPU was not summoned. He also reinforced the understanding of the Supreme Court (STJ), which understands to fit termination action to correct nullity defect arising from the lack of personal subpoena of the Public Defender’s Office in the process.
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