UPDATE: 11/9/11 Brazil court OK’s construction of dam (http://www.businessweek.com/ap/financialnews/D9QTDE1O1.htm).
Another example of the (sometimes slow) Brazilian legal system limiting the ability of local states to despoil and ravage indigenous communities. Of course we will have to see how the appeals process and local money affects BR 421 – Carlos
Rondonia: Federal Judge Orders Halt Of Road Construction On Indian Land
A federal substitute judge Jacqueline Conesuque Gurgel do Amaral ordered IBAMA, FUNAI, the State Secretariat of Environment, State of Rondonia and the municipality of Vila Nova Mamore to refrain from building or permit to construct the road on the BR 421 road in the vicinity of the Guajará-Mirim State Park and the adjacent Indian lands. In addition, the Federal Court ordered a ban on the section that already exists, indicating that the Brazilian Institute of Environment and Renewable Natural Resources and the National Indian Foundation as responsible for enforcement of the injunction in the region.
The decision was taken by the magistrate in the case of a public civil action that has been pursuing for a long time in the 5th Environmental and Land of the Judicial Section of Rondônia and whose author to Ecoporé – Ecological Action Valley Guaporé, which has asked the courts to abstain procedures required by the construction of the highway in order to avoid intrusion into the area of the Karipuna Indian Reservation and the Guajará-Mirim State Park, where there was the illegal presence of settlers, land grabbers and heavy machinery within the areas protected by law.
In the sentence the magistrate pointed to the neglect of IBAMA, FUNAI and the State Secretariat of Environment of the municipality of Vila Nova Mamore, noting that “the defendants, all part of the government, at least turned a blind eye to the open road which is 10 km inside the Park Guajará-Mirim, thus providing many forest species that were removed and at least eight streams were damaged. Not to mention the Indians routed the animals and possibly killed during the logging and anthropogenic intrusion. As already stated, a 10 km road does not appear suddenly, and if there was a minimum of supervision, the “illegal builders” would not be able to go that far. Patent, therefore, the omission of the organs that were created to promote environmental inspection and failed in fulfilling their mission. Also, the state of Rondonia and the Municipality of Nova Mamore are responsible for the degradation caused, for despite the constitutional law that should protect the environment, to the left of the BR 421 highway was started without any action to curb the illicit activity. “. To enforce the terms of the ultimate consequences of the decision of the federal judiciary in the State of Rondônia, Judge Jacqueline Gurgel determined also in the process to the defendants to submit within 60 days, a Plan for Recovery of degraded for the built stretch of the BR 421 highway and that the plan be implemented within 180 days. The magistrate set a fine thousand dollars / day for non-compliance with the decision and sent a post card ban in place, containing the following words: “No unauthorized access from this point. Estrada banned under a court order issued in case No. 95.00.02600-7. Obligation to monitor assigned to the IBAMA and FUNAI.” http://tinyurl.com/3cgv9p3