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Special Appeal for crimes against the environment and occupation of the indigenous reserve in a National Park

Country/Territory
Brazil
Type of court
National - higher court
Date
Apr 3, 2008
Source
UNEP, InforMEA
Court name
Superior Tribunal de Justiça
Seat of court
Brasilia
Judge
Ministra Laurita Vaz
Reference number
Application No. 2005/0208961-0
Language
Portuguese (Brazil)
Subject
Legal questions, Livestock
Keyword
Indigenous peoples Cultural heritage Resource/damage valuation National parks Human rights Protected area
Abstract

The criminal federal division of Brazil filed a claim against the defendants, which are cattle breeder, for the invasion and destruction of federal protected areas.

Tocantins State’ second Judiciary Chamber rejected the accusation in reason of the inexistence of evidences and the insufficient narration of the facts constituting the crime. The decision was appeal in front of the a quo tribunal. The judges of this second level jurisdiction also rejected the appeal, claiming that the periodic occupation of lands of an indigenous park (the Island of Bananal) by cattle breeders does not constitute a crime unless the claimant brought evidences concerning destruction or damages to the land.

The plaintiffs filled a special appeal in front of the supreme court and claimed that the Court of Appeal should expose criminal facts or events and their classification according to national law and that the claimant should expose why the occupation, cattle breeding or building houses represent a breach of the Procedural Criminal Code. The defendants answered to these requests by bringing evidences that non-indigenous occupiers of the park cause damage to the natural beauty of the environment and claimed separate compensation for the indigenous peoples living in the park.

The Supreme Court acknowledged that the defendants’ conducts, as exposed by the plaintiffs, match the crimes reported, as “they do represent a threat for the environment, especially when considering the damages caused by the building new houses”, the exposition of facts and crimes also compatible to the requirements of Article 41. The Court also ruled that good faith could no longer be relied upon as indigenous areas are for the exclusive use and permanent possession of Indians, being prohibited the occupation by third parties to avoid any accident on the area (art. 231, § 6, CF). Consequently, the Supreme Court quashed the decision of the Court of Appeal and condemned the defendants.

Full text
Special Appeal for crimes against the environment and occupation of the indigenous reserve in a National Park.pdf
recurso-especial-resp-804918-to-2005-0208961-0