TRF1 determines payment of collective moral damage to the quilombola community of Oiapoque for violation of prior consultation – News of Brazil
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The 11th Panel of the Federal Regional Court of the 1st Region (TRF1) confirmed the sentence that condemned the municipality of Oiapoque, in Amapá, to pay collective moral damages in the amount of R$ 100 thousand to the Quilombola Community of Vila Velha do Cassiporé, for having carried out works on the site without prior consultation with the region’s residents. The decision maintains the terms of action filed by the Federal Public Ministry (MPF) to ensure that indigenous people, quilombolas and riverside dwellers participate in decisions about works and projects that affect them.
For the rapporteur of the case at TRF1, federal judge Newton Ramos, the court of origin “analyzed the body of evidence contained in the file, correctly applying the legislation that governs the matter with adequate justification, I understand that the sentence subject to review must be maintained”he stated.
The ratified court order establishes that the amount to be compensated is invested in public policies in favor of the affected quilombola community, aiming at the preservation or recovery of the affected area. The work must be preceded by prior, free and informed consultation with the community. As the area is an archaeological site, considered cultural heritage, the Court determined the participation of the National Historical and Artistic Heritage Institute (Iphan) in the process – not only in this project, but also in other environmental licensing procedures underway in the municipality.
The trial at TRF1 took place in July, in a virtual plenary session. Unanimously, the Panel dismissed the necessary referral, the mandatory re-examination of the matter by a court. According to the sentence now confirmed, the area’s recovery project must be prepared by a qualified professional within 90 days after the action becomes final, which occurred on Thursday (21). The execution will have to take place in less than 1 year, under the supervision of Iphan. If you fail to comply with the determinations, the municipality of Oiapoque is subject to paying a daily fine.
Understand the case
The MPF’s original action was filed in 2019. Leaders of the Vila Velha do Cassiporé community approached the body to report that, without prior consultation or consent from Iphan, the municipality of Oiapoque carried out public works in the interior and surroundings of the quilombola territory, opening streets that did not exist in the community. The completion of the works was later confirmed in an inspection carried out by Iphan. The inspection report highlighted that “there is no way to measure the real impact on the protected assets, as the works were carried out without any archaeological study in the project area”.
Prior consultation
Prior, free and informed consultation aims to ensure that the peculiarities inherent to different ways of living are respected, ensuring conditions of equality in rights and opportunities for traditional communities. Its implementation is established in Convention No. 169 of the International Labor Organization (ILO), of which Brazil is a signatory. “The right to prior consultation is supported by the democratic principle, the principle of human dignity, the principle of equality and the self-organization of traditional peoples and communities”, points out regional prosecutor Francisco Marinho, who signed the ministerial opinion.
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