Kariri Xocó ~Court of Appeal

recifekaririxoco
8/25/2016
Indians of Alagoas accompany the Recife hearing in federal court
Early in the morning, Indians sang and danced in front of the TRF5.
Accompanies the Group session to define demarcation of lands in AL.
 
Representatives of the tribe Kariri Xocó accompany hearing at the FEDERAL COURT of APPEAL5, in Recife (photo: Danilo Galindo/TRF5/Disclosure)
Indios Kariri Xocó tribe, the interior of Alagoas, were in Federal Court of the 5th region (TRF5), in the Centre of Recife, to accompany a trial of demarcation of lands in the municipality of Alagoas of Puerto Real. In all, four representatives of the tribe accompanied the session started at 9:00 this Thursday (25), but other residents of the village are waiting for the outcome outside of the room.
According to the organ, the Indians arrived in the early morning and also made demonstrations in the lobby of the FEDERAL COURT of APPEAL and at the entrance of the organ at the Apollo. According to the FEDERAL COURT of APPEAL, the demonstration was peaceful, singing and dancing. The trial ended early in the afternoon, but a new hearing the same case should happen the day October 20.
On the last day of August 15, 11 Indians tribes of Pernambuco occupied the headquarters of the State Department of education, in the neighborhood of the Valley, to claim structural improvements in indigenous public schools of the State. Carrying posters, the Group did a dance in the living area of the Secretariat and delivered an agenda of claims in the late afternoon. The Group remained in the Office until the following day.
via G1
~~

Kariri Xocó

Kariri Xocó people continue in the struggle for land already demarcated

The righteousness of the rich white is quick to respond to demands from farmers, but slow to recognize indigenous rights
July 13, 2016
karirixoco

Text and photos: Support Network Kariri-Xoco People (redeapoiokaririxoco@gmail.com)

The Kariri Xocó won the 12th Federal Court of Alagoas (Arapiraca), but the farmers appealed to the Federal Regional Court of the 5th Region (Recife). Since the 9th of October 2014, the appeal is with the judge rapporteur, but so far has not been tried. More than one year and nine months of waiting!

They are actually decades. Are 500 years.

When farmers come with repossession orders are served in a few days!

Farmers who illegally occupied for more than 10 years the indigenous territory staked out have benefited throughout this delay. And they still earn actions against about 3,500 Kariri-Xoco, triggered by occupying their lands already demarcated.

It is against this and other injustices that Kariri Xocó are currently in mobilization and struggle, taking roads that pass through their land. We support solidarity of all people, especially the social movements and human rights.

We demand action from the competent bodies to approve and deliver the land who is an integral part of it: the indigenous peoples.

We demand the immediate suspension of the injunction in the action of repossession No Proc. 0800476-23.2016.4.05.8001, the 12th Federal Court of Alagoas (Arapiraca) and the immediate trial of No. Process: 200,780,010,002,947 by the TRF of the 5th Region.

PEOPLE TO INDIGENOUS SOLIDARITY IN FIGHT!
WE ARE ALL Kariri-Xoco!

 

~~~

 

People Kariri Xocó calls for help and solidarity in the struggle for their land

local justice benefits farmers repossession actions in the People Kariri Xocó land

The interim government Michel Temer full two months management marked by countless setbacks in several areas. With indigenous policies it was no different. The conflict has been raging between farmers and indigenous people who continue to fight for their land. Many areas identified and delimited by Funai (National Indian Foundation) as “land traditionally occupied by indigenous peoples”, as recommended by the Federal Constitution, are invaded and taken illegally by non-Indians.

Demarcated territories already suffer from the slowness of authorities in their protection.

The indigenous Kariri Xocó in Alagoas, in the municipality of Port Royal College, has constantly alerted to the risk of their Indigenous Land. In recent days they suffered the third areas of repossession already marked in favor of farmers and squatters.

The Support for Kariri Xocó Network has sought to assist and contribute to the fight of the people, by ensuring indigenous policies of recognition of indigenous rights. Among its actions shared a text on the current situation, in which relates the struggle of Kariri Xocó and outrage at the lack of justice.

“[…] Kariri Xocó people continue in the struggle for land already demarcated. The righteousness of the rich white is quick to respond to demands from farmers, but slow to recognize indigenous rights.

The Kariri Xocó won the 12th Federal Court of Alagoas (Arapiraca), but the farmers appealed to the Federal Regional Court of the 5th Region (Recife).

From the day 10.09.2014 the appeal is with the judge rapporteur, but so far has not been tried. More than one year and nine months of waiting! In fact for decades. … 500 years ago. However, when farmers come with repossession orders are served in a few days!

Farmers who illegally occupied for more than 10 years the indigenous territory staked out have benefited by all this delay and still earn actions by the regional court of Arapiraca against the occupation of the natives on their land. Process information:

TRF 5th Region – CIVIL APPEAL (AC575560-AL) – Third Class – PROC. ORIGINATING number: 200780010002947 – Federal Court – AL – 12th Federal Court of the section Alagoas (Arapiraca) – RAPPORTEUR: FEDERAL DESEMBARGADOR PAULO MACHADO LAMB […] […] It is against this and other injustices that Kariri Xocó are currently in mobilization and fight, taking roads that pass through their land. […] ”

In the document, the help network to Kariri Xoco, asks for support and solidarity of all people, especially the social and human rights movements, requires actions of the competent bodies to approve and deliver the demarcated territory to indigenous peoples, which are considered as part member of the land and also claims the immediate suspension of the injunction in repossession action, No. Proc. 0800476-23.2016.4.05.8001,  the 12th Federal Court of Alagoas (Arapiraca) and the immediate trial of No. Process: 200,780,010,002,947 by the TRF of the 5th Region.

Also reports the contacts of indigenous Kariri Xoco for those interested in collaborating: Kajabi by phone / whatsapp (82) 998 421 951, pawana by phone / whatsapp (79) 988 274 841, and Tawana by phone / whatsapp (82) 99957-2339.

Hidalgo Romero – Journalists Campinas Free

Povo Kariri Xocó pede ajuda e solidariedade na luta pela suas terras

UN: Human Rights Violations Brazil

Indian children are being adopted without respect for human rights, says UN rapporteur

 

criancasguaranikaiowa

The picture is illustrative, unrelated to the complaint of the rapporteur.
(Photo:Apr/Wilson Days)

An eye on Ruralistas
15 September 2016

Report made by Victoria Tauli-Corpuz brings a specific item on access to justice for
native peoples; Judges refer to them “pejorative and discriminatory form,” writes
United Nations representative.

The full text written by Victoria Tauli-Corpuz on the situation of indigenous peoples in
Brazil can be read in several ways. Several items relating to politics, as her perception
about the Government Temer, were disclosed by the press. But the report of the United
Nations (UN) on the mission carried out in March brings other relevant data. The item
on access to justice, for example, just passing unnoticed. But at least this startling
snippet:

-The Special Rapporteur was seriously concerned about the reports of adoptions of
Indian children authorized by judges without due respect to the rights of the child as
set out in the Convention on the rights of the child, the rights of their extended
families, which in the indigenous cultures traditionally play a major role in such
contexts, and the rights of their communities.

According to Victoria, another problem concerning the judiciary is the growing use of
suspension mechanism of security – suspension of rights in favor of other interests-in
the case of “development” projects, or infrastructure. “This mechanism allows projects
proceed even if they may result in serious violations of the rights of indigenous
peoples”, writes.

The Special Rapporteur on the rights of indigenous peoples also claims that some
judicial decisions follow referring to indigenous peoples of pejorative and discriminatory
way.

Victoria Tauli-Corpuz declared himself “alarmed” about the Government Temer and
criticized the emptying of the National Indian Foundation (Funai) during the
Government of Dilma Rousseff.

http://outraspalavras.net/deolhonosruralistas/2016/09/15/criancas-indigenas-estao-
sendo-adotadas-sem-respeito-direitos-diz-relatora-da-onu/

~~

Vale to pay Xikrin villages

xikrin1

image via socioambiental

 

9/15/2016

Vale will have to pay monthly R$ 3,000,000 for three Xikrin villages

FEDERAL COURT of APPEAL held that villages were affected by mining in the region.
Cases of fetal malformation have been proven in studies.

The Xikrin Indians protest in Maraba by improvement of health Indian House (photo:  Evandro Corrêa/OLiberal)

The Xikrin Indians suffer from contamination of the Cateté River, in the southeast of  Pará. (Photo: Evandro Corrêa/OLiberal)

The Federal Regional Court of the 1st Region ordered the company’s worth deposit  monthly R$ 3,000,000 for three villages affected by the Xikrin Onça Puma venture,  nickel extraction, in the southeast of Pará. The story of the G1 Stop got in touch with  the Vale and wait for an answer.

From the next day on September 19, according to the decision of Judge Antonio  Souza Prudente, the Vale will have to deposit the monthly $ 1 million for each of the  three Xikrin villages affected by the Onça Puma: the odjã, Dudjekô and Cateté-. The  values should be passed around until the Vale meets the environmental compensation  obligations relating to the project, that never took effect.

The decision meets indigenous Xikrin associations request and had a favourable  opinion of the Federal prosecutors. Last month, Xikrin and MPF signed a conduct  adjustment term that defined exactly how to apply the capabilities of environmental  compensation da Onça Puma.

The three Xikrin villages of the region of Cateté, in the southeast of Pará, between the  towns of Ourilandia do Norte, São Félix do Xingu and Parauapebas, were surrounded  on almost all sides by one of the most polluting economic activities, mining. Are 14  enterprises in total, extracting copper, nickel and other minerals, all owned by Vale.

One of the developments of extraction and processing of nickel, called Onça Puma, in  seven years of activity contaminated with heavy metals the Cateté and changed the  lives of the approximately 1300 Xikrin. Cases of fetal malformation and serious  diseases have been proven in studies.

Note the Vale

The Vale reported that it was subpoenaed the Court decision and that the appropriate  judicial measures joined aiming to suspend the injunction that determines the  payment of R$3,000,000 monthly and the release of part of the values indigenous  Xikrin community blocked.

The Vale accounted for even though the Onça Puma, Ourilândia do Norte, Southeast  of the State, is regularly licensed by the Ministry of environment and sustainability of  the State of Pará (Semes), with attendance of all the constraints established by the  environmental agency and the National Indian Foundation (Funai).

According to the mining company, for years tries to perform the actions of the basic  environmental Plan (PBA) inside the Xikrin indigenous area of Cateté, but faces  resistance from the indigenous. He keeps the company’s access denial, even after  determination of the Supreme Court (STF), according to the company.

The Vale still reports that undertook with the MPF to cover the hiring of coach to  monitor the implementation of the PBA, but would be waiting for an indication of the  federal prosecutors. The company has already presented to technical studies,  demonstrating that activities in Onça Puma do not generate pollution of the Cateté  River.

With respect to the conduct adjustment Term (TAC), Vale said it believes that the  agreement concluded with indigenous peoples regarding the allocation of financial  resources stimulates litigation, since it generates expectation of receiving values,  which are still in litigation.

Vale highlighted in notes that to date, the Indians fail to comply with the court order  to provide account of R$1.7 million , already raised.

With regard to resource allocations, the Vale reported that develops productivity and  infrastructure projects by the Xikrin and Ark community monthly with the health  insurance of all the inhabitants of the villages. In all, the company claims pass to  indigenous about of R$13,000,000 per year.

~~~

 

8/12/2016
Ethnicity Xikrin agrees mining compensation value in Pará
Indigenous complains of noise, tremors and contaminated River in the region.
Vale has to pay a fine of $ 1 million for villages

Xkrin ethnicity creates Conduct Adjustment Term
to ensure settlement of the Vale

Representatives of the Xikrin and members of the Federal Public Ministry of Pará  (MPF/PA) signed this Tuesday, August 9, agreement to using values for the mitigation  of damage caused to the community by the performance of Vale in mining Onça Puma  project, in the southeast of Pará.

In a statement, Vale reported that the mine of Onça Puma is regularly licensed by  Semes and with the attendance of all the constraints established by the environmental  agency and by Funai. Vale also said who has been trying to perform the actions of the  basic environmental Plan (PBA) inside the Xikrin indigenous area of Cateté, but faces  resistance from the natives, who deny access of the company even after determination  of the Supreme Court (STF) for execution of the actions of elimination and mitigation  of impact.

The compensation was confirmed by the Supreme Court, which held monthly fine of R  $ 1 million per village (3), while maintained the non-compliance by the Vale of the  implementation of compensatory measures in the villages affected by the undertaking.

To ensure the application of resources in favor of the whole group, the Chamber of the  MPF which deals with indigenous peoples and traditional communities and the MPF/PA  suggested the construction of a Term Adjustment Conduct (TAC) to define criteria for  application of the resource to be released to the community.

“This kills the argument that the Xikrin do not know how to spend the money. The  percentage of investment are defined and will be applied to the amount released,  “stressed the Attorney General Ubiratan Cazetta. The use of resources was presented  to judge Souza Prudente, which will decide on the release of the figures.

According to the proposal, 60% of the value to be received on a monthly basis will be  divided to spent on five activities: 15% for routine expenses, 15% for village health,  15% for productive projects and infrastructure. In addition, 10% would be intended  for environmental monitoring projects and 5% for Administration of associations. The  other 40% would be invested in a Trust Fund for future use, a Managing Council.

“We expect as much, I came so many times to Brasilia to resolve this. We agree with  the proposal, “stressed one of the Chiefs present at the meeting. The document was  signed by chiefs and representatives of associations of the three Xikrin villages.

According to the natives, the ground enough to shake because of the explosives used  in the operation of the enterprise, driving away wildlife and harming the hunt.  According to them, the Cateté is completely contaminated, which affects the entire  traditional and cultural relationship with nature, fishing and other daily uses, before  the fear of worsening of indigenous diseases.

Mineração Onça Puma project is located in the countryside of the municipalities of  Parauapebas, São Félix do Xingu and Ourilândia do Norte, in the State of Pará, and  was installed with the purpose of producing ferro-nickel.

Check out the note from the Vale in full:

Vale clarifies that the Onça Puma mine, Ourilândia do Norte, is regularly licensed by  the Ministry of environment and sustainability of the State of Pará (Semes) and with  the attendance of all the constraints established by the environmental agency and the  National Indian Foundation (Funai).

Vale clarifies who has still been trying to perform the actions of the basic  environmental Plan (PBA) in the interior of the Cateté Indigenous Xikrin but faces an  unjustified resistance on the part of the natives, who maintain the company’s access  denial, even after determination of the Supreme Court (STF) for execution of the  actions of elimination and mitigation of impact. The company explains that it  undertook with the MPF to cover the hiring of coach to be appointed by the  Commission to monitor, in conjunction with the Xikrin, the work of implementation of  PBA. But so far, the Vale has not been informed of the nomination.

The company informs that also failed the technical expertise, determined by the  Federal Court of Redemption (Pará), where is the public Civil action filed by the MPF,  to identify the source of the alleged contamination of the Cateté River. This decision  was determined by the Justice, after taking cognizance of the various technical studies  presented by Vale that demonstrated that the possible contamination of the waters of  that river to be unrelated with the Onça Puma operation.

It is important to note that the Redemption denied the request for release of funds in  favor of the natives, on the lack of elements that show the likelihood of the law  intended. This decision is maintained by TRF 1st region and by the Supreme Court,  which determines also the Xikrin accountable Associations of value already received,  which has not been fulfilled so far.

With respect to the conduct adjustment Term (TAC), Vale considers that the  agreement only with the natives and solely with regard to the allocation of financial  resources stimulates the litigation, to the extent that generates higher expectation in  the villages as the receipt of values that still discusses judicially.

With regard to resource allocations, as proposed in the TAC, the Vale reinforces that  already develops productivity and infrastructure projects by the Xikrin community, as  well as monthly health insurance Ark that benefits all the inhabitants of the villages,  configuring in this way, the assistance provided to Indians by the company. In all, the  Valley passes to indigenous about of R$ 13,000,000 per year value fixed monthly by  the IPCA.

Finally, Vale confirms that continues waiting for authorization from the Xikrin to access  indigenous land in order to deploy the actions defined in the PBA, already approved by  Funai, as has been done with the indigenous Kayapo, it developed and implemented  by mining company by reason of the operation of Onça Puma.

~~~~

via G1

 

 

 

 

 

Temer could be charged with obstructing justice~

“I was fired because I many interests. The Government wants to stifle the car wash. There’s a lot of fear of how far the car wash can reach, “said the former Attorney General, Fábio Medina Osório, in the interview which granted shortly after being fired, by phone, by Michel Temer; the statements of the Minister confirmed Osorio Romero Jucá, who said, on intercepted conversations, it was necessary to overthrow President Dilma Rousseff to “stop this bleeding”; revelation of the Planalto Palace tried to obstruct investigations puts pressure on the Attorney General Rodrigo Janot, who will have to prove once again investigates all or only the PT.

September 2016  10

247- The first major Government crisis Michel Temer, which involved former Romero Jucá still in the interim, had already made it clear that the parliamentary coup of 2016 had a purpose: contain the momentum of car wash Operation to protect the political oligarchy whose brazilian operation dangerously approached. Written by Sergio Machado, Jucá advocated the overthrow of Rousseff to “stop this bleeding”.

Now, the second major crisis of Temer, no longer in the interim, proves that this is exactly the goal of the coup. Fired by phone, former Solicitor-General, Fábio Medina Osório, said it was fired because the Planalto Palace has an interest in protecting corrupt allies – that is, it is, as said, Juca “stop this bloodletting.”

“I was fired because I many interests. The Government wants to stifle the car wash. There’s a lot of fear of how far the car wash  can reach, “he said, in an interview to Thiago Bronzatto, Marcela Mattos and Hugo Marques.

Osorio, who intended to charge up to $ 23 billion of the contractors and public agents involved in car wash, predicted a final ominous for the Government Fear. “If there is no commitment to the fight against corruption, this Government is going to melt,” he said. According to Osorio, the Chief of staff, Eliseu Padilha, was in charge for Fear of providing your resignation and contain its investees, which bothered the PMDB party and allies. “What’s wrong with trying to reimburse the public purse the embezzled money?” asks Osório.

After this new scandal, which reveals that the Planalto Palace tried to obstruct investigations, increases the pressure on the Attorney General Rodrigo Janot, who will have to prove once again investigates all or only the PT.

Recently, he accused the President Dilma Rousseff,  former President Lula and the former Minister Jose Eduardo Cardozo of trying to block the car wash with a nomination of a Minister to the Superior Court of Justice. What to do now with the statement of the former lawyer of the Union, which accused the Government of firing him to protect political allies? With the word, Janot.

September 2016 9

 

247-The Government of Michel Temer may be coming to an end. The reason: fired this morning, the former Attorney General, Fábio Medina Osório, accuses the Planalto Palace of trying to sabotage the car wash, in an interview to the magazine Veja that runs this weekend.

 

Osorio was intended to have access to investigations against politicians and was also decided to charge $ 23 billion of the contractors and their executives. However, last night, was alerted by Eliseu Padilha, Minister of, that their initiatives would be creating serious problems for the federal Government.

 

Osorio requested an audience with Fear and was not answered. Hurt, decided to drop shooting.

 

After this complaint, the Attorney General Rodrigo Janot, who accused President Dilma Rousseff, former President Lula and the former Minister Jose Eduardo Cardozo of trying to obstruct justice for a reason more futile, that was the tipoff of Delcídio Amaral, will have to do the same with Temer.

 

In a report published this morning, 247 warned that, when fired Osorio, Temer  away from the problem, but could be charged with obstructing justice.

 

After the accusations of Osório, which reinforce the thesis Romero Jucá (PMDBRR), it was necessary to overthrow President Dilma Rousseff to stop this bleeding,” the Government Temer melts in the public square. Because virtually the entire dome of the PMDB was denounced by the largest contractors in the country.
~~~~~
September 2016 9

247- The dismissal of Fábio Medina Osório of law General, consecrated last night by Eliseu Padilha (learn more here) and formalized today at the Presidential Palace, was a risky moment for the Government Temer.

On the other hand, the output of Osório favors contractors, once the AGU, the Government Temer, filed lawsuits requesting damages of no less than $ 23 billion of construction companies and their executives.

To help contractors, Temer discourages new award-winning information-which could serve its own interests, as well as those of Padilha.

In his pré-delação, Marcelo Odebrecht said that Temer, in a meeting in the middle of Jabiru, asked R$ 10,000,000, which would have left the two box of the contractor. Of that amount, R$ 4,000,000 would have been delivered to Padilha.

The risk now lies in possibility Osório out shooting. Hurt by how was dismissed for Padilha, he can accuse the Chief of staff and his own Temer of trying to obstruct justice.

“Osorio back claiming you’re being fired because defends the Carwash and the contractors. This nagging version the President Temer to the point that he himself have delegated to the Chief of staff Minister Eliseu Padilha mission fired the Attorney, “says Jorge Bastos, one of the closest to Temer.

Below, report on the fuse for the output of the Minister, it would have been access to investigations against politicians Allied base:

SOURCES: ACTION AGAINST POLITICIANS IN CAR WASH WOULD HAVE BEEN TRIGGER TO QUIT MEDINA, DENIES PLATEAU

Brasilia, 9/9/2016-measures that political interests have investigated in car wash Operation were the last straw for the resignation of the Attorney General’s Office, Fábio Medina Osório. According to Government sources, heard by the State, the Planalto Palace would not have agreed with the fact that the Minister has requested access to surveys of the Supreme Court (STF) which process deviations at Petrobras and other public bodies, with the aim of judging misconduct administrative actions against those involved.

On March 24, the Minister Zavascki, Rapporteur of the da’s car wash in the Supreme, authorized access to 12 investigations, mentioning several politicians Allied base of President Michel Temer. A government authority explains that the AGU’s request was made without alignment with the plateau and could create a “political incident” with supporters in Congress.

The subject was mentioned in the conversation between Medina and the Minister of the Civil Cabinet, Eliseu Padilha on Thursday night, which resulted in the exoneration of the Advocate-General.

Although it was available, the material was collected by representatives of AGU in the Supreme in the desired time by the Minister. According to a source, would have advantage of guidance so that the surveys were not copied. The Minister, one of the representatives of this sector claimed that lacked an external HD to save the information, which was not accepted.

In addition, according to sources, the Minister proposed a reinforcement team at AGU who works in the State of Paraná in partnership with car wash, which also would have been viewed with concern by the plateau.

Sources close to President Michel Temer, however, reject the versions and they say the now former Minister leaves office “lifetime achievement” and that is “misleading” and a liar the accusation that the Government wants to stop the worked in car wash, since the new Minister Dr. Grace Maria Fernandes Marin will continue the work to fight corruption.

After the officialization of the resignation of Medina, people close to the team’s former Attorney-General reported to the Presidential Palace that he was trying to hurry while had not yet been made official his exit in the Diário Oficial da União. According to reports,  would have been “a surge” wanting to have their last actions as Minister. With that, the accelerated publication of the Plateau Official Gazette Extra that exonerated Medina and named Grace Marin. “He’s going to sell the version that is wronged, but that’s not true. He committed a series of mistakes, coming out of the body of work, “said a caller to Temer. (Fábio Fabrini and Carla Araújo)

Below, story of Faust Macedo, on the recovery of the AGU against contractors:

AGU cobra r $ 12 bi from contractors of car wash

By Fausto Macedo, on 30 may 2016

The Solicitor-General’s Office, through the Union’s Attorney in the State of Paraná, filed on Monday, 30, two actions of misconduct against 15 companies and 12 individuals – between executives and former employees of Petrobras-involved in car wash Operation (see list below), as a result of the mark-up caused by the cartel formation and bidding guarantees, fraud to the detriment of the State-owned oil company. The AGU snake a total of 12.06 billion R$.

Now comes the $ 23 billion the total that the AGU snake of companies and individuals cited in the car wash. In two actions of administrative misconduct filed previously the value charged reached $ 11 billion.

Of the $ 23 billion, 5.6 billion R$ waives all such claims are for losses that Petrobras suffered the overpricing of works contracted by State-owned by the cartel that rigged bids and other State R$ 17.4 billion in fines that should be applied to the defendants.

According to AGU between construction companies quoted in the stock is Odebrecht, Andrade Gutierrez, OAS, UTC, Camargo Correa, Queiroz Galvão, Mendes Júnior and Engevix. Among the individuals processed by AGU, are former leadership of Petrobras, as Paulo Roberto Costa (supply), Renato Costa (services) and Peter Barusco (management services), besides the doleiro Alberto Yousseff and executives of the contractors.

In the actions, the Solicitor-General’s Office argues that was proven to cartel formation based on demonstration of the Administrative Council for economic Defense (CADE), as well as evidence collected in criminal proceedings.

The documents show that the companies have organized to rig the bidding for major projects of Petrobras, in order to divide among themselves the most valuable signings proposed by State and eliminate competition, which led to the arbitrary and unlawful profits increase (overpriced).

For this overpriced, AGU requests in two actions proposed on Monday, 30, the conviction of the defendants to pay solidarity the amount corresponding to 17% of each of their fraudulent contracts, which totals more than $ 3 billion.

The value was established on the basis of a report adopted by the Tribunal de Contas da União (TCU), taking into account the difference between the price in the cartelizado environment and the price that would be practiced in competitive environment ‘.

In the event of non-acceptance of the appraisal report of TCU, the Solicitor-General’s Office asks that the defendants be condemned jointly and severally to pay compensation equivalent to the total value of the contract, deducted legal costs. That is, the AGU asks Alternatively the return of profits, based on the United Nations Convention against corruption, ratified by Brazil, and the Brazilian legal system, ‘ so there is no illicit enrichment on the part of the defendants and prevent the practice of misconduct be worth ‘.

According to AGU, this thesis is already applied by several countries, such as Italy and United States. In addition to the compensation to the Treasury, in these actions requests the application of other penalties provided for in the Act of Misconduct (Law 8,429/92), which covers the suspension of political rights until 10 years for individuals, prohibition to contract with the Government, and a fine of up to 3 times the amount of economic benefit obtained illicitly, in total more than $ 8 billion.

The actions presented are signed by the Attorney General’s Office, Fábio Medina Osório, and Union lawyers  Eduardo Alonso Olmos, Julio Cesar Bertuzzi, Lisiane Ferazzo Ribeiro, Rodrigo Becker Rogério Pereira and Vitor Piarrentoni Campos.

THE LIST OF COMPANIES AND PEOPLE MENTIONED IN THE ACTIONS OF MISCONDUCT OF LAW-GENERAL:

OAS Engenharia e Participações S/A
Construtora OAS LTDA
Coesa Engenharia LTDA
Construtora Noberto Odebrecht
Odebrecht Plantas Industriais e Participações S/A
Odebrecht S/A
UTC Engenharia S/A
Galvão Participações S/A
Galvão Engenharia S/A
Tomé Equipamentos e Transportes LTDA
Alumini Engenharia S/A
Serveng Civilsan S/A
Fidens Engenharia S/A
Iesa Óleo & Gás S/A
Construtora Queiroz Galvão S/A
Eduardo de Queiroz Galvão Filho
Paulo Roberto Costa
Renato de Souza Duque
Pedro Barusco
Alberto Youssef
José Aldemário Pinheiro Filho
Agenor Franklin Magalhães Medeiros
Mateus Coutinho de Sá Oliveira
José Ricardo Nogueira Breghirolli
Fernando Augusto Stremel Andrade
Erton Medeiros
Jeal Alberto Luscher Castro

Via 247

Urgent ~

At the end of the afternoon of Thursday (8), the shock battalion of military police of
Paraná arrested and injured families affected by dams in the municipality of
Capanema, Southwest of the state, during the execution of a reintegration of
possession. About 150 families occupied the entrance of the construction site of the
hydroelectric plant of Iguazu down since Monday (5), which was with the works
paralyzed since then.

~~

Today (08/09), at the behest of the company Neoenergia and the Judge Roseana
Assumption, the shock battalion of military police of Parana state has carried out a
massacre on the hit of the hydroelectric plant of the lower Iguazu, leaving several
wounded and hospitalized, in addition to The arrest of 6 hit, got to back abuse of
authority and the method of violence on farmers humble and helpless that they were
fighting for their rights.
The MAB Repudiates and denounces the violent action of the company Neoenergia.

Watch the video of the conflict:

~

 

~~

Three affected people are arrested by the PM in Paraná

Published on Thu, 9/8/2016-22:38

During reintegration, Shock battalion of the PM used tear gas and rubber bullets

Ednubia Ghisi of Brazil in fact

At the end of the afternoon Thursday (8), the Shock battalion of the military police of
Paraná arrested and injured families affected by dams in the municipality of
Capanema, southwest of the State, during the execution of a repossession. About of
150 families occupied the entrance to the construction site of the lower Iguaçu
hydroelectric power plant since Monday (5), who was with the works stalled since
then. The reinstatement was issued by judge of the Exchequer Court, Roseana
Assumption, on the same day of the occupation.

The 80 policemen present in the operation launched tear gas and rubber bullets on
the occupants, although elderly and children at the scene. According to the
movement of dam affected people (MAB), people injured by rubber bullets and some
were hospitalized. No confirmation of the number of wounded.

Three farmers were arrested and taken to the 21st Battalion of the military police of
Capanema. According to the lawyer of the families, Christmas, the three Gentleman
Ahmed are accused of disobedience, but should still be released this evening. They
signed a Comprehensive Term and had to appear in court.

“My mother twisted her foot and passed out, I came back to help and they arrested
me,” reports one of the prisoners, Vilmar Locatelli. He was camped out since Monday
with his wife and three children-2, 7 and 16 years-since Monday, that were not in
place at the time of the dump because they had returned to the place where they live
to feed creation and milking cows. “We’re just trying to ensure our right. So far we
have no areas of resettlement, or agreement, have nothing “, vents the farmer who,
along with his family, he took part in the resistance since the beginning of the works
of the dam, three and a half years ago.

Claim

The coordination of MAB, Rodrigo Zancanaro, explains that the occupation of the
works aimed to collect the advance of negotiations with the company NeoEnergia,
responsible for building the plant, and with the State Government. Second Zancanaro,
the company did not attend the last three negotiation meetings with the families.
About 60% of the work is constructed and so far there is nothing concrete that will be
to the families after the flooding of the area. the State Government that ceded is not
licensing positions “, denounces.

Farmers charge resettlement location definition, indicating the value that will be paid
for their land, and presentation of Development Plan and development plan for those
affected who live in the area closest to the city. In all, 1025 families will be affected
directly by the work.

In May this year, the PM came to arrest 12 affected people occupying the conteiro,
with the same agendas.

http://www.mabnacional.org.br/noticia/tr-s-atingidos-por-barragens-s-presos-pela-pm-no-paran-0

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In PR, repossession on the Lower Iguaçu ends with hit prisoners and wounded
Published on Thu, 9/8/2016-18:59

Today (08/09), at the behest of the company NeoEnergia and Judge Christine Assumpção, shock battalion of the military police of Paraná State carried out a massacre on the hit the lower Iguaçu hydroelectric plant, leaving several injured and hospitalized, in addition to the arrest of 3 hit, reapplying the abuse of authority and the method of violence about humble farmers and helpless that they were fighting for their rights.

 

The MAB repudiates and condemns the violent action of the company Neoenergia.

Check out the note of clarification of the MAB on the situation of those affected, low in Paraná

For more than three years, the families affected by the Lower Iguaçu (70% and Copel Neoenergia 30%), seeking answers to the problems caused by the construction of the power plant.

From the beginning, unlike the entrepreneur, the consortium achieved have found it very difficult to move forward in securing their rights. Were dozens of meetings, meetings and negotiations, in which the commitments made, deadlines and guidelines have not been complied with. Company and the State Government do not guarantee solution.

Since may 2016 the negotiation process is carried out primarily in Curitiba, Center of political power (the State Government, Public Ministry, public defender’s Office Legislative Assembly) where supposedly the solutions would be resolved quickly. After numerous meetings, which occurred in the Palace, Legislative Assembly, everything continues as before, i.e. the works of power plant in accelerated speed and guarantee of the rights of those affected still.

Last month, after three meetings being cancelled by the enterprising Generation blue sky (bass Iguazú), affected families occupying the entrance to the construction site since the dawn of the day 05 in an attempt to advance the negotiations on the price of land and resettlement areas.

This morning the day 08 the Consortium released a note of clarification to society in an attempt to criminalize the actions of families through several untruths. Starting with the statement “Consortium has always maintained an open channel of dialogue and attended the scheduled meetings”, in the last month three meetings in a row were canceled by Neoenergia without any prior warning to the families who move more than 500 kilometers to attend the meetings in Curitiba.

The Consortium claims to have readjusted the prices of 20.06% in 2013, but does not cite that the State Government through the SEAB has already demonstrated that the price gap of 2013 to 2016 is greater than 50% in value of the bushel. As well as in note the company says have submitted 11 areas for resettlement, but these areas are much lower than those areas that will be flooded, with COPEL itself considered almost all inappropriate for resettlement, given the topographical characteristics and soil quality.

In these more than three years, since the beginning of the construction of the dam, we see once again the company Neoenergia treating with indifference, using of untruths in an attempt to delegitimize and criminalize the struggle of those affected. The MAB reaffirms that were always affected families who have been open to dialogue, seeking to resolve peacefully all the dilemmas raised by the Consortium, but that neglect on the part of businesses and the denial of rights has increased. It is worth remembering that the first trading after the “start of construction” occurred after more than a month of its inception and through mobilization of the stricken families who occupied the construction site.

At the end of the note the Consortium still uses threats to families to leave the camp without the attendance of the claimed “and reports that have provided all legal measures to ensure the input and output of machinery and employees of the construction site”. Will provide, still, all measures in order to hold accountable those responsible for damage ”

The work is already 60% complete and there’s no predicting the rights of families affected, small family farmers who have in the land your job and your existence.

So the MAB does an appeal to authorities (State Government, IAP, Copel, Public Ministry, public defender’s Office Legislative Assembly) and the Consortium,

1) put a new price list for land compensation taking into account the condition of the affected purchase new areas and equal conditions or preferably the current best;

2) put appropriate areas for resettlement of the families affected by the Lower Iguaçu HYDROELECTRIC POWER PLANT, taking into account agreement guaranteed and listed in minutes;

3) That the IAP and the Public Ministry do a careful review of the conditions that are in the basic environmental Plan and the installation license and performing audience publishes as a way to query the regional community involved;

4) in the event of non fulfillment of the above with the appropriate effectiveness and undertaking;

(a)) the IAP discontinue the installation license of the plant;

(b)) That the Legislative Assembly to revoke the authorization granted for the construction of the power plant;

(c)) that the construction of the dam is resumed after the service and warranty the tariff hit by dam.

WATER AND ENERGY ARE NOT COMMODITIES

Water and energy with Sovereignty, wealth distribution and Popular Control.

Our rights just to fight you back!

Capanema, 09 September 2016.

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Bishop Erwin Kräutler on Belo Monte

Why make a hydroelectric pharaonic like this The Belo Monte Dam?

cimialtamira

Born in 1939 in Austria, Bishop Erwin Kräutler has a degree in philosophy and theology, winner of 22 awards, including the Nobel Prize, and Bishop emeritus of the Roman Catholic territorial Prelature of Xingu. He was President of Cimi (Indigenous Missionary Council) for 17 years and is known and admired for his fight against the construction of the Belo Monte and the defence of the rights of indigenous people, bordering, the poorest and most fragile and the Amazonian extractive.

The Lord received numerous awards throughout his life, including the Alternative Nobel Prize, for its work in defense of the traditional communities, rural workers etc. How do you feel about these awards?

As for awards, I received them on behalf of so many people with whom I worked or who have worked with me, because I’ve never been alone, I never feel alone. Also I never took initiatives alone. I always saw myself accompanied by others who maybe are not in high relief. As a Bishop you is automatically a little more in the media. Then I received these awards in this sense, thanking on behalf of so many people, women and men, the Ccme and other entities with which I worked.

don-erwin-krautler

On the other hand, the Lord received several threats and suffered an attempt on his life. But never intimidated. Fear interfered too much in your journey?

As for the threats, never did. When you take a position in favor of a cause, for example, arises in favor of indigenous peoples, automatically is contrary to interests of other segments, such as loggers, landowners, miners, who seek to enter the indigenous areas and are not too happy when someone opposes and defends what is written in the Federal Constitution. So it’s not that we cause, is that when you put yourself in favor of a particular cause you are against the interests and sometimes the greed of those who at all costs want to explore the natural riches of the soil and subsoil of indigenous territories.

The fear, of course. All we defend our lives, and when it is threatened and at risk, it’s not a nice thing to deal with, but I’ve always been convinced that this is my path, I have to keep him despite all the threats and intimidation.

How his faith helped him address these challenges?

I have faith in God and faith in the people who are fighting for a noble cause, and so never quit, I never stopped to intimidate me. I spent a few moments of crisis, just when I got the protection of the part of the military police by Government decision, I felt a bit cornered. I remember very well that I was afraid of getting into a depression or something, because all of a sudden you can’t walk alone, is always accompanied by two people, everything you do, where you are, or where you go, there are always two soldiers together. I asked that they were not in uniform, but still don’t have more freedom to be alone. Outer freedom is curtailed, but nobody can take me inside. I kept talking, saying what I think and defending the causes that I find necessary to defend.

The MPF joined with another action against the Belo Monte dam, for risk of collapse. What is the situation today in the municipality of Altamira, Pará.

To tell the truth, the situation is chaotic. There were 40 conditions listed by the Brazilian Institute of environment and renewable natural resources (Ibama), and 23 who were listed by the restrictions National Indian Foundation (Funai), 63 in all. These conditions should be met before the installation of the construction site, and have not been complied with.

When you start a building of this size as Belo Monte, the consequences for the environment and for a city or several cities or counties are terrible. The constraints would be basic sanitation, education, health, housing, transportation, public safety, the demarcation of indigenous areas not yet demarcated, a lot of things, and everything that has not been fulfilled, so today we are in a situation where, if you go in Altamira, you get struck on the facts that happened.

How was the transfer of the families to their new homes?

First, a large part of the population was compulsorily transferred. I’m not saying that these families were invited to move to another location, because they were moved because there was no other way. If you made a series of houses, I don’t know how many, House in fitting a family maybe with four people, and the people who used maybe with a wider, wider, in this situation. The first impact was.

The second is that were taken from their midst, from your socializing with other people. We’re not living alone in a House, you’re living in the neighborhood, too. We do not live alone, our House is not isolated. We have neighbors, have relatives, cronies, and suddenly you’re being ripped off of that and put in the middle of people you don’t know. This is another impact is terrible in my view.

What is the current condition of the population of Altamira.

Crime has increased in a scary way. We have, for each weekend, two, three, sometimes even more murders, and gets to the point we almost get used to it. Some people, Monday, question how many died in this weekend, “only one”, have you considered? That’s the way. “I’m glad, just one, because they had other weekends in which there were three, four”. How long is this way. It’s not that the public security work, but that has no conditions.

Another thing, especially in relation to youth: drugs, I’ve never seen anything like it. A few days ago, there was a lady with me, teacher who was principal of a school. She doesn’t know what else to do. At school, children or teenagers, twelve, thirteen, the drugs run loose inside.

And all the consequences of child prostitution, of minors, is terrible, all these dens of prostitution, of doom, terrible, terrible even. I’m not exaggerating anything, because I know Altamira. I’m there for over 50 years, met this city that I was, of course, smaller companies, 7 or 8000 inhabitants. Now has 150,000, but is second to none.

Cohabitation has become something that is not more than neighborhood, good neighborhood, everybody locks. At certain times were dedicated to leisure, if you stop to observe, there’s no one in front of the House. Formerly Altamira was like this: the people, the mouth of the night, as they say, was sitting in front of the House, the kids playing on the sidewalk, that sort of thing, people making conversation. None of this happens more, the houses are surrounded by high walls, with electric fence. This is no longer life. For women in your age, or a little more, walk alone is a risk.

What was the impact of the construction of the Belo Monte dam in the local culture?

The culture of the people was the way paraense, shot in the heart. Because, just to explain, the para has a culture of hospitality. And certainly other people throughout Brazil are similar, but here in the South are different. Let’s see for example, a family that lives in Altamira. Parents, relatives, uncle, aunt, grandparents, whoever they are, friends who live in the countryside, when they arrive in Altamira to treat, shopping, automatically stay in the House of kids, you can’t make a phone call or something, “look I’ll get” and such, this is normal thing, normally, children receive their parents, relatives, friends, grandparents, whoever you are.

And suddenly you’re in a House that is so small, so small that barely fits a couple with two children, and suddenly comes the father, or mother, or comes comes the grandparents, and you’re going to have to say on port “here has no place”. And this is horrible, the aggression is not only that you have been transferred from one home to another, is an assault on culture. Imagine inside the heart of a person having to deny accommodation to parents. There’s no other way, doesn’t fit, simply does not fit, the houses are more than cages.

Do you consider that the Belo Monte dam brought development to Altamira?

For me, this is not progress, it is not development, people talked about that with Belo Monte would progress to Altamira, but that progress is this? The quality of life worsened, decreased quality of life in a scary way. It’s a throwback.

In deals involving the car wash operation, directors of major contractors recognized be diversions of resources involving the construction of the Belo Monte dam. Confirmed, therefore, that were other reasons to build the plant?

Without doubts. I can’t prove it because I don’t have access to all these documents, but we all get concerned, since the beginning. There’s sand in the Middle, has ox in line, as was said in the old days. And in fact now gradually is finding that had vested interests behind. In addition, I support until today that Belo Monte is a blow at the heart of the Amazon. A river is being sacrificed, and we still don’t know if it will work. Because the Xingu is a river, as they say geologists in training. The river is not ready in fact. There are other rivers that have their particular bed, don’t change anything else, but the Xingu is different, so we don’t know the true consequences. I don’t know if scientists who live here in Brasilia understand really what is the Amazon and what is the Xingu River with its tributaries and everything else. At this point I don’t want to be apocalyptic Prophet, but I am afraid, because this can lead to unforeseen consequences that nobody knows today determine or define.

Why Brazil insists on adopting energy sources that cause so much damage to the environment and traditional populations? Isn’t it time to adopt another model of development?

Exactly, there are other possibilities to capture energy. I’m talking about the solar energy, for example, in our area of Pará we have Sun of 6:00 at 6:00 pm, even in winter, the so-called winter is the rainy season, the Sun at dawn the day at 6:00 or 6:30 and to the 6:00 pm 6:30 pm or we have clarity, then why not take advantage of this gift which is the sun itself? And we have leading-edge scientists in our universities here, why don’t you invest in these scientists to figure out how to take advantage of this never ending source that is the sun itself?

As wind energy I have some reservations, but also on the northeast coast there are areas that are not inhabited, I mean, a wind farm there does not spoil both the landscape or affect the tourism. And then there is biomass, has other sources. Why do a pharaonic hydroelectric plant as Belo Monte that?

Could make some smaller, taking advantage of a tributary of the Xingu River. There wouldn’t be so much damage, leaves the riverbed as is, but even near Altamira has several tributaries that are streams are streams, would say almost rich, has lots of water, you can take advantage of. I’m not a scientist at that point, but I was always thinking about it, why ruin a 2000 km long river, this river, to the environment, ruin a city, one-third of the city goes to the bottom, and it’s the same story. I don’t understand.


We know that the Lord helped in the production of the Encyclical Laudato Si. What do you think of the assignment of co-author that received?

I helped in the production seems a little excessive, journalists put I was co-author. The fact is that I was there with the Pope in April 2014 04, and I am Secretary of the Episcopal Commission for the Amazon, we even had a meeting which ended just now.

For 50 years in the Amazon, then suddenly emerged this proposal to go talk to the Pope about her. The cardinal Dom Cláudio Hummes then scheduled a hearing for me, and I went there on April 04. For a while I spoke with the Pope about the situation of the Amazon, on indigenous peoples, and other matters. As for Amazon, spoke of their importance as a habitat of indigenous peoples.

The Pope then revealed to me that I was writing an encyclical, a letter not only to Catholics but to all men and women of goodwill, on the ecology, and he soon warned saying that is a “human ecology” that he wants to refer.

So I said just like that “then the Amazon can not miss, the Amazon has to enter in this Encyclical because she plays an important role in planet Earth, even has a regulatory function of the own planetary climate, and indigenous peoples also logically have to be remembered because they are linked to the environment and ecology”.

And the Pope then told me that he had entrusted the President of the Pontifical Council for Justice and Peace, Cardinal Peter Turkson, make a sketch of how I could do this job, this encyclical, and asked me to drive him. I told him “look that I did last night because we had dinner together and talked about it.” He asked me to give my contribution. Me to send quickly, urgently, urgently of the greatest urgency to my contribution, which I did on June 19, 2014 and the Encyclical came out a year later, 18 June 2015.

How was your first contact with the text?

To my greatest surprise and happiness, as the Encyclical came out I was at the farm of the Cimi in Luziânia. I was put the word Amazon on search and reference appeared. After I put indigenous and never showed up, I was a little scared, but the Pope used the Aboriginal Word, because in Africa and Australia does not use the word. So I came in and recognized at the time these articles 38 and 146, I realized that it would be pretty much my contribution, but I cant be co-author, I gave my contribution, and appeared so on those articles.

How important is, in his opinion, of the Encyclical?

I think that the Encyclical has a great value, because you do not need to have a, shall we say, advanced study in theology or in other sciences, any lay person and that layperson has interest in ecology can read and understand. The Pope left advising by scientists of great value, because there’s nothing in there that you can criticize “look, this is fantasy, romantic thing”. The Encyclical is untouchable, the message is given, once again, will not only to the Catholic World, but to all the people, because we are all responsible for this world which is ours and which is our home.

We have to learn from indigenous peoples? What message do they bring to the construction of a new society?

There’s a lot that we can learn, but basically I wanted to refer to two specific points. The first thing is, in fact, as the Indians relate to their land. For Indians, the Earth is not merchandise. For us whites, the land purchase, sell, I mean, we’re in a world where the Earth has an economic value, buying and selling, all of a sudden you buy, then you don’t like better, sell, buy huge tracts of land, owner, has outright land etc. For the Indians is another thing. For indigenous peoples the Earth is, so to say, mom. They have a son-mother relationship. The Earth is the ground of its rites, its myths, where their ancestors are buried, the land of their dances, the land is part of your own life. Once again, unfortunately for us, the Earth is buying and selling item, it is good.

And the second thing that I’ve always admired, I remember when I was a new Bishop, younger than now, I once went to a village, in the Xingu, and saw a banana plantation. I asked an Indian “who planted this banana?”. The Indian was responding at the time, in his native language, “we all did Kayapo”. They have this idea of “we”, “our”.

Well, we Brazilians, when no game when you’re playing against Brazil or Chile against France or Italy or whatever, we’re watching, we feel, will feel no Brazilians too when it comes to the defense of our homeland? The Indians teach us exactly that idea of “us”, “we” means that both of us are not just two people, you have other parents with mine, but the Indians perceive as relatives, I mean, you to me is a relative, a person who is on, and I’m connected to you by a bond of friendship, of fraternity that nobody can cut. That I find beautiful.

~http://www.cimi.org.br/site/pt-br/?system=news&conteudo_id=8912&action=read

 

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