XINGU UPDATE~HEARING SET FOR TUESDAY!

Judge denies repossession and sets trademark hearing for Tuesday

Published in October 15, 2012

The federal judge Marcelo Honorato denied, on Monday, 15, an application for repossession of the temporary dam (caisson) Pimental, occupied by Indians and fishermen since the last day 8, and ordered that a conciliation Hearing is held on Tuesday, 16, from 2:0 pm.

 

 

 

 

 

 

 

 

 

According to the judge, who had marked the hearing to today-the negotiations were cancelled due to the North’s negative energy to allow the permanence of the protesters in suitable place outside the caisson, the case requires special care and new attempt at conciliation, rather than evict. “Is that the forced exit of the occupants or the dispatch of ordered reinstatement if show how now unserviceable. The reintegration under the police force, carried out through the use of force, if not reasonable, because shows are still the conflict between entitlements and the physical integrity of indigenous peoples and, primarily, the elderly and children, “Honorato said in his ruling.

To reject the application for repossession of Norte Energia, the judge also took into consideration that the protesters had offered to leave the caisson, return the keys of trucks and tractors, in addition to ensuring the peaceful nature of the protests. The “possible intent to cause direct damage to authors has no factual ballast at the moment, to avoid such assumption as the forced reintegration ensejador, despite the understanding of this judgment that neither such element, chance exists, would be sufficient to allow running under the police force, by absence of absolute proportionality between the legal assets involved,” said Honorato.

According to the judge’s decision, the hearing this Tuesday should be chaired by the Federal Public Prosecutor’s Office or the federal prosecutor, FUNAI designated by that authority, “is still very important the participation of the MPF to act, for the exercise of its function of legislative Cllstos.Should be involved, as well as representatives of the demonstrators, an official of FUNAI of Altamira-PA, an expert in indigenous affairs; an IBAMA, crowded Office in Altamira, to provide advice on environmental matters; two representatives of the North energy, with administrative and financial powers, and another employee of the same company, linked to the management of Indian Affairs; and the Public Defender’s Office in the State of Pará in Altamira.

“The meeting should occur in the vicinity of the construction site of the caisson, located in Sitio Pimental, a place that will facilitate the participation of all groups, since the distance between the works and the nearest town, hinder the participation of all,” the judge ruled.

Indigenous claims On Sunday, 14, the new Assembly were indigenous to systematize the industry erivindicações from Belo Monte licensing restrictions, the basic environmental Plan (PBA) and previously signed agreements with the North. The document, which also requires that the judiciary take submission to the vote on the pending lawsuits in several instances, clarifies the positioning of the protesters about dom negotiation process with the various actors involved in the process, the judge determined Honoré at the end of last week.

“Indigenous communities, fishermen and other social groups camped in Sitio Pimental, construction of the Belo Monte HYDROELECTRIC POWER PLANT, reaffirm once again its willingness for dialogue with the North energy and the Federal Government. Our movement is peaceful, and we are here to demand the fulfilment of the conditions and the execution of the PBA, which are our rights. We are willing to talk and negotiate deadlines and schedule for implementation, by the North energy, all that the entrepreneur should already have done and haven’t done, but we will not negotiate our already established rights.

We want to make it clear that I do not descumprimos the Court ruling that ordered the eviction of the construction site and the holding of a meeting on the day 15.10.2012. As we say in the document delivered to the bailiff, we are willing to vacate the construction site, deliver the keys of the vehicles and boats, to be held the meeting. We just want to wait for the meeting under appropriate conditions, since the judge ruled that the hearing would be held at the construction site. Norte Energia is who refuses to talk with us, to deny our claim to have the right conditions to wait for the meeting. Desocupamos site not determined because we had no where to go until the day of the meeting. Where justice had hoped that we would with our women, old people and children? That acampássemos on the edge of a road, subject to suffer the hostility of those who do not recognize our just cause? Who knows how animals at the edge of an island, sleeping without shelter? Indigenous peoples and traditional communities of the Volta Grande do Xingu has dignity and demand respect!

We reject the North’s attempt to win Power by weariness, refusing to talk, not complying with the Court ruling that forced her to supply us with drinking water. Also we reject the North’s attempt to delegitimize our energy movement, stating that we are willing to pocket money, lists, and other issues that are not our rights. Everything that we demand our rights. By denying the converse, North Energy demonstrates that is not prepared to fulfill their obligations.

So, once again, we call for the North energy, along with the FUNAI and IBAMA, in the presence of the MPF and federal justice, dialogue with us! We demand the holding of a meeting, for the discussion of the agenda below for deadlines for the fulfilment of all that Energy to the North should have done, or at least begun to do. We will withdraw the work until we are heard. “

http://www.xinguvivo.org.br/2012/10/15/juiz-nega-reintegracao-de-posse-e-marca-audiencia-para-terca/

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