Justice gives to 12:0 am Funai and Union to convince Indians to leave construction site of Belo Monte

Wednesday, May 29, 2013

Justice gives to 12:0 am Funai and Union to convince Indians to leave construction site of Belo Monte

At the request of the North energy, the Federal Court granted a period of 12:0 am so that the National Indian Foundation (Funai) provide the peaceful and voluntary exit of the munduruku Indians group which, since the early hours of yesterday (27), occupies one of the three construction sites of the Belo Monte dam on the Xingu River, in para.
The report is Alex Rodriguez and published by Brazil, 5/29/2013 Agency.
If the Indians don’t leave the site until the end of the term, the judge authorized a writ of repossession is dispatched and that an officer of Justice take the necessary measures to ensure that the area be returned to the company, employing, if necessary, the police force, but “observing the caution and the legal and constitutional guarantees”. The decision provides for daily fine of r $ 50 thousand, to be paid by the participants of the occupation and by Funai, in case of non-compliance with the decision.
After reviewing the petition filed by North energy, federal judge Maria Cristina de Oliveira, Sérgio Guedes, subsection Altamira (PA) judicial, also determines that the Union is required to adopt the measures necessary and possible to obtain, in the same period of 12:0 am, a peaceful and voluntary eviction that avoid the use of police force.
The magistrate also ruled that the Federal Police (PF) established the possible participation of non-Indians, including members of organizations, and if the occupation sets up a crime, because, at the beginning of the month, the Federal Regional Court of the 1st region (TRF1) had granted an injunction of repossession that ended an eight-day occupation at the same construction site.
The two occupations this month are part of a series of demonstrations and labour, since the beginning of the construction works of the plant, in June 2011, caused a total of 92 days paralyzed services in accordance with the Consórcio Construtor Belo Monte.
Although they have not submitted claims to the North or to the Consórcio Construtor Belo Monte, the Indians said, in both occupations mundurukus this month, who want the suspension of all hydropower projects in the Amazon until the process of prior consultation to traditional peoples as provided for in Convention 169 of the International Labour Organization (ILO), is regulated.
Approved by the National Congress in June 20, 2002, in the form of Decree 143 and promulgated by the Presidency of the Republic in April 19, 2004, the 169 Convention establishes, among other things, that indigenous peoples and those who are governed wholly or partially by their own customs and traditions or by special legislation, are consulted whenever legislative or administrative measures that affect their interests.
Sought, Funai reported that it received notification of Justice and forwarded to the location the Chief Prosecutor of the Federal Public Prosecutor’s Office. Along with representatives of the organ in Altamira, the Chief Prosecutor will try a peaceful negotiation to the case.

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