Denúncia encaminhada por advogados da Associação Brasileira dos Advogados do Povo - ABRAPO-RO:
No dia 8 de setembro a Polícia Militar de Vilhena-RO cumpriu a ordem judicial de reintegração de posse, dada pela juiza da segunda vara cível da comarca da cidade, fruto da ação possessória que foi movida contra os trabalhadores rurais sem terra da Associação Novo Canaã. A decisão arbitrária colocou a baixo as benfeitorias (casas, plantação etc) dos camponeses pobres que viviam nos lotes 75 e 85 (antiga fazenda Vilhena), além de deixar mais de 50 famílias na rua em plena a maior crise sanitária dos últimos 100 anos.
Tal decisão contrariou as recomendações do Poder Público para o enfrentamento da pandemia de Covid-19, de isolamento social, bem como também foi arbitrária no sentido de que o processo estava repleto de vícios que ferem princípios constitucionais e processuais basilares do ordenamento jurídico brasileiro, qual seja o direito ao devido processo legal, do contraditório e da ampla defesa.
In
addition, another process that aims to cancel the contracts for the sale of
public land of the property in question is taking place in the sphere of
federal justice, that is, it means that the dominance of the property is
questionable and does not belong to the farmer, but to the Union, which should
consequently be used for the national Agrarian Reform program.
The judge
of the second civil court in the district of Vilhena not only decided that a
land belonging to the Union should go into the hands of the farmer, but also,
less than 12 hours before the Possession Reintegration operation took place,
she dispatched the process so that everything that the peasants had built and
planted on the site in the last 5 years of occupation would come to an end, and
also, the related dispatch was made at 7 p.m. on a holiday! Being this
determination very close to the time of the operation, the legal team of
lawyers and people's lawyers had no more way to intervene in the process.
The legal
team acting in the process tried by all legal means to demonstrate how absurd
and arbitrary the eviction of these families would be, both because it was
clearly a disproportionate action of the State against rural workers in social
vulnerability, especially at this time of crisis and pandemic, both because the
vices of the process are clear and if justice were done, the decision to reinstate
possession to the farmer should be annulled.
The lawyers
and people's lawyers filed several requests for the suspension of repossession,
both in the main case files (which were flatly denied by the judge without any
coherent grounds) and with writs of mandamus, at the second instance level,
which were not even considered by the state judges.
In this
legal battle, the Public Defender's Office of the State of Rondônia also
requested in the case that the eviction order be suspended, both because of the
health crisis and because of procedural flaws in the case. On the other hand,
the Public Prosecutor's Office, which was supposed to watch over life and act
as an inspector of the law, seems to have forgotten its real attributions, and
accepted the judge's decision without opposing the evident illegalities
committed.
In this moment of serious social, political, financial, and above all health crisis in which we are living, the "stay at home" becomes more and more the privilege of those who can pay, be it their own house or the corrupt judiciary, who instead of guaranteeing social justice and a minimum of security for vulnerable populations, from power to agribusiness and guaranteeing that the latifundium is increasingly devastating against the peoples of the countryside and the forest in Western Amazonia.
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