Belo Monte: Justice determines the construction site repossession with police force

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Belo Monte: Justice determines the construction site repossession with police force
The Federal Regional Court of the 1st. Region (TRF1) granted, at 10 and 40 Wednesday night, 8, the repossession of the construction of the Belo Monte hydroelectric power plant in Altamira, Pará. About 160 six indigenous ethnic groups occupy the barrage a week ago, claiming peacefully prior consultation and the suspension of studies and works of dams that affect their land.
In the decision, the judge Selene Abdullah dismissed the claims of the Federal Public Ministry (MPF) of Pará which was allowed the presence of journalists and lawyers in the occupation. The Agency also asked for it to be allowed the entry of products, foods and utensils essential for subsistence, as well as the free access of health professionals of the Special Indigenous Health Department (DSEI).
Case # 0000681-76.2013.4.01.3903
Procedural accompaniment:
Process: -0000681 76.2013.4.01.3903
Class: 1707-REINTEGRATION/maintenance of POSSESSION
Stick: SINGLE STICK OF ALTAMIRA
Judge: SERGIO MARIA CRISTINA DE OLIVEIRA BATISTA GUEDES
Date of Assessment: 5/3/2013
Distribution: 2-AUTOMATIC DISTRIBUTION (5/3/2013)
Number of volumes: 1
Subject of Request: 2030100-POSSESSORY-POSSESSION-CIVIL PROTECTION
Note: ACTION FOR EVICTION OF THE CONSTRUCTION SITE WITH URGENT REQUEST FOR INJUNCTION INITIO THIRD UNPRECEDENTED CHANGES AND PARTS
Location:  

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Date Cod Description Add-on
5/8/2013 22:39:52 55° RETURNED C/ORDER I. COMPLY WITH THE DECISION OF R. FLS. 353/374 by EGREGIOUS FEDERAL COURT of the 1st region, which GRANTED the anticipation of APPELLATE AUTHORITY to DETERMINE the repossession of the NORTH COMPANY ENERGIA S/A the CONSTRUCTION of the BELO MONTE DAM SITE. II. WITH RESPECT TO THE APPLICATION OF THE MPF TO FLS. 343/346, INDEFIRO the APPLICATIONS of PARQUET, BECAUSE THEY are INCOMPATIBLE with the FULFILMENT of the PRECITADA DECISION, AS IT WILL BE in charge of PUBLIC POLICE FORCE RESPONSIBLE for AID in the FULFILLMENT of that DECISION the assessment ABOUT the relevance and CONVENIENCE to ALLOW or DISALLOW the THIRD ENTRY, products, foods or UTENSILS, bearing in mind the NEED to ENSURE the effective COMPLIANCE with the REINSTATEMENT ORDER, AS WELL AS THE SAFETY OF ALL INVOLVED. III. IN ADDITION, THERE ARE EXISTING STATE COURT RULING, WHICH GRANTED AN INJUNCTION TO ORDER THE REMAINING EXPEDITION, WHOSE PARTS AND CAUSE OF ACTION ARE, IN PRINCIPLE, OTHER THAN THOSE PRESENT IN THE ONGOING PROCESS IN FEDERAL COURT. DEFIRO THE ENTRANCE OF THE UNION AS AN ACTIVE LITISCONSORTE, AS MANIFESTATION OF FLS. 306/320. THE SEPJU TO INCLUDE THE UNION IN ACTIVE POLE OF THIS ACTION.V. DISPATCHES-IF REPOSSESSION ORDER TO BE IN COMPLIANCE WITH LEGAL SAFEGUARDS AND OBSERVING THE BAILIFF TO ORDER PUBLIC FEDERAL OR STATE POLICE FORCE NECESSARY FOR THE EFFECTIVE FULFILMENT OF THE ORDER, SERVING THE WARRANT MENTIONED AS REQUISIÇÃO.VI. THEY INCLUDE THE DEFENDANTS IN THE FORM OF ART. 930 of the CPC.VII. INTIME-IF THE PARTIES AND THE MPF. FULFILLED.
5/8/2013 20:45:34 137 CONCLUDED FOR DECISION  
5/8/2013 20:38:53 210 PETICAO/OFFICE/DOCUMENT: JOINED (THE) (2ª) JOINED THE COURT IN INTERLOCUTORY APPEAL
5/8/2013 18:49:44 210 PETICAO/OFFICE/DOCUMENT: JOINED (THE) On THIS DATE I JOINED to PETITION of the Union (and in-PROC 9852273) and MPF (proc. 24867/2013).
5/8/2013 17:46:56 218 RECEIVED IN THE SECRETARIAT  
5/7/2013 15:14:19 126 PAYLOAD: REMOVED MPF INTERESTED: FEDERAL PUBLIC MINISTRY
5/7/2013 13:34:23 185 INTIMACAO/NOTIFICATION/VISTA ORDERED MPF  
5/7/2013 11:29:56 220 APPEAL INTERLOCUTORY APPEAL/PRESENTED PROOF OF INTERPOSICAO NORTE ENERGIA’S PETITION, 24824 PROTOCOL/2013
5/7/2013 09:19:19 218 RECEIVED IN THE SECRETARIAT  
5/6/2013 12:35:47 126 PAYLOAD: WITHDRAWN COPYRIGHT ATTORNEY ADVG: PA0016763A FELIPE CALLEGARO PEREIRA DATE return: 5/13/2013 STRONG
5/6/2013 10:13:52 249 CERTIFICATE EXTRACTION (2ª) I CERTIFY THAT THE DEFENDANT HAS NOT YET ENABLED IN LAWYER REPOSSESSION ACTION PROPOSED BY NORTHERN INDIGENOUS COMMUNITIES AGAINST INDIGENOUS ENERGY, MACAWS, YUDJÁ AND OTHERS.ALTAMIRA/PA, 5/6/2013.
5/6/2013 10:13:38 249 CERTIFICATE EXTRACTION I CERTIFY, AT THE REQUEST OF THE AUTHOR, THAT THE NORTH ENERGIA S/A WAS REQUIRED OF THE FLS. 227/230 on 06 MAY 2013, AS TERM of JOINED ORDER of SUBPOENA to FL. 275-verse.THIS CERTIFICATE WAS ISSUED FOR THE PURPOSE OF COMPLIANCE WITH THE ART. 525, I, of the CODE of CIVIL PROCEDURE.ALTAMIRA/PA, 5/6/2013.
5/6/2013 10:10:31 58° INTIMACAO/NOTIFICATION FOR RETURNED/WARRANT OFFICER FULFILLED (3ª) No 438/2013
5/6/2013 10:10:25 58° INTIMACAO/NOTIFICATION FOR RETURNED/WARRANT OFFICER FULFILLED (2ª) No 438/2013
5/6/2013 10:08:15 58° INTIMACAO/NOTIFICATION FOR RETURNED/WARRANT OFFICER FULFILLED No. 437/2013
5/6/2013 09:53:13 210 PETICAO/OFFICE/DOCUMENT: JOINED (THE) PETITION of the FEDERAL POLICE, 24816 PROTOCOL/2013
5/6/2013 09:48:30 183 INTIMACAO/NOTIFICATION BY MAIL LETTER ISSUED (2ª) LETTER of INTIMATION of N° 368/2013 ISSUED to FUNAI
5/6/2013 09:47:26 183 INTIMACAO/NOTIFICATION BY MAIL LETTER ISSUED LETTER of INTIMATION of N° 369/2013 ISSUED to FEDERAL UNION
5/6/2013 09:27:02 210 PETICAO/OFFICE/DOCUMENT: JOINED (THE) PETITION of FUNAI, Protocol 24807/2013
5/3/2013 18:10:10 58° INTIMACAO/NOTIFICATION BY WARRANT OFFICER CENTRAL SHIPPED I CERTIFY that I HAVE DELIVERED and DISPATCHING to 437 WARRANTS CEMAN, 438 and 439/2013.
5/3/2013 17:33:48 218 RECEIVED IN THE SECRETARIAT  
5/3/2013 17:15:45 153 RETURNED C/INJUNCTION DECISION REJECTED THEREFORE, INDEFIRO THE INJUNCTION REQUESTED. HOWEVER, determine that: A) is OFFICIATED, FUNAI: 12:0 am through in REPORT) DETAILED REPORT if, in FACT, the SO-CALLED INDIANS MUNDURUKU COMMUNITIES, macaws, JURUNA, KAYAPÓ, XIPAYA, KURUAIA, and ASSURINI PARAKANÃ are BLOCKING the exit and entry of PEOPLE and supplies in the CONSTRUCTION SITE SET BELO MONTE; (B)) AS WELL AS at the outset, that the MUNICIPALITY SHOULD MAKE CONTRIBUTION to the PEACEFUL CLEARING of the area with the presence of a FEDERAL PROSECUTOR and INDIGENOUS EXPERTS and should be REPORTED to the Court and to FEDERAL PROSECUTORS, ALSO by MEANS of DETAILED REPORT every 05 (FIVE) DAYS, the ATTEMPTED SOLUTIONS, FAILURES and THEIR MOTIVES, AS WELL AS WHETHER SUCCEEDED in PEACEFUL INDIGENOUS WITHDRAWAL;B) is SUMMONED to the NORTE ENERGIA S.A. AUTHOR to JOIN the NEGOTIATIONS UNDERTAKEN by FUNAI, and PRESENT DETAILED REPORT, in the FORM PRECITADA in the PREVIOUS ITEM, ALSO in the PERIOD of 05 (FIVE) DAYS; C) IS OFFICIATED IMMEDIATELY TO FEDERAL POLICE TO TAKE SCIENCE OF THE FACTS NARRATED IN THE ORIGINAL FILING AND DETERMINE THE POSSIBLE PARTICIPATION OF NON-INDIANS AND THE OCCASIONAL OCCURRENCE OF FACT SET TO CRIME, ESPECIALLY WITH REGARD TO THE CLAIM OF ALLEGED PREVENTION OF ENTRY AND EXIT OF WORKERS OF THE CONSTRUCTION SITE, AS WELL AS TO OTHER APPROPRIATE LEGAL MEASURES, AND SHALL BE COMMUNICATED TO THE COURT AND TO THE FEDERAL PUBLIC MINISTRYWithin 12:0 am, the CONCLUSIONS REACHED, and, with REGARD to ANY ACTION to be taken, SHOULD BE SUBJECT to LEGAL SAFEGUARDS of style, giving SCIENCE the judgment and to FEDERAL PROSECUTORS, SEEKING mainly a PEACEFUL EXIT for the conflict; D) is ALSO REQUIRED for FUNAI, WITHIN 05 DAYS, EXPRESS yourself about the INJUNCTION REQUEST, AS WELL AS on ANY PROCEDURAL INTEREST JOINING the MADE;AND) URGENTLY, INTIME, THE UNION TO EXPRESS WITHIN
5/3/2013 15:17:13 137 CONCLUDED FOR DECISION  
5/3/2013 15:17:01 218 RECEIVED IN THE SECRETARIAT  
5/3/2013 14:20:57 223 SUBMITTED BY ROD DISTRIBUTION  
5/3/2013 14:20:51 170 ASSESSED HOME  
5/3/2013 14:07:54 2 AUTOMATIC DISTRIBUTION ACTION FOR EVICTION OF THE CONSTRUCTION SITE WITH URGENT REQUEST FOR INJUNCTION ARTERA PARTS AND INITIO UNPRECEDENTED THIRD

Parts

Type Name
AUTHOR THE NORTH’S ENERGY
REU INDIGENOUS MEMBERS OF THE MUNDURUKU, MACAWS, YUDJÁ COMMUNITIES AND OTHER
REU OTHER UNDETERMINED PEOPLE THAT IF PRESENT ON THE SITE ENCONTAREM
Adv MARJORIE SILVA BORGES (SC00005190)
Adv ALEXANDRE DOS SANTOS PEREIRA VECCHIO (SC00012049)
 

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MUITO URGENTE! COMPARTILHE AGORA! DENUNCIE!
Belo Monte: Justiça determina reintegração de posse do canteiro com força policial O Tribunal Regional Federal da 1a. Região (TRF1) deferiu, às 10 e 40 da noite de quarta-feira, 8, a reintegração de posse do canteiro de obras da Usina Hidrelétrica Belo Monte, na região de Altamira, Pará. Cerca de 160 indígenas de seis etnias ocupam a barragem há uma se…mana, reivindicando pacificamente a consulta prévia e a suspensão de estudos e obras de barragens que afetam suas terras. Na decisão, a desembargadora Selene Almeida indeferiu os pedidos do Ministério Público Federal (MPF) do Pará que fosse permitida a presença de jornalistas e advogados na ocupação. O órgão também pedia que fosse permitida a entrada de produtos, alimentos e utensílios essenciais à subsistência, assim como o livre acesso dos profissionais de saúde do Departamento de Saúde Especial Indígena (DSEI). Processo nº 0000681-76.2013.4.01.3903
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