quilombolas leaders. This group has to join a sustainable development project of
region. The State does not question that the communities on whose behalf
petition is articulated are quilombo remnants. They recapitulate the history of
Alcantara Launching Center, the area that is supposed to be occupied by it, and
way it was expropriated.
the
the
the
the
40.
The State alleges that the interposition of Public Civil Action No.
1999.37.00.007382-0, Public Civil Action No. 2003.8868-2 and Collective Action No.
2003.7826 are from a time period preceding the creation of the Executive InterMinisterial Group (GEI). Regarding the first action referenced the State sustains that
the General Advocacy of the Union required its dissolution, claiming that the objective
had been lost. Regarding Public Civil Action 2003.8868-2, they allege that the Public
Ministry requested the revocation of the anticipated measure that was conferred to
conclude the expedition of the titles of the land occupied by the affected communities,
requesting that the Union and Brazilian Space Agency abstain from initiating acts
biased toward the installation of the Alcantara Space Center until the conclusion of
the administrative procedure which will issue the titles, which will show there exists
a willingness of the parties to conclude the action. Regarding Collective Action
2003.7826, the State says that it promotes recognition of the communities affected
by the Alcantara Launch Center, such as the quilombo remnants, but in September
some security orders were introduced before the Federal Justice requiring the
recognition of the right to use land already expropriated, under administration of the
ASC, being a preliminary measure that guarantees the use of the land to the affected
people. Based on the information presented, the State reiterates that the petition
should be rejected because the domestic remedies were not exhausted.
41.
In conclusion the State affirms that in keeping with Decree No.
4887/2003, development has begun on a Technical Report of Identification and
Delimitation for the quilombo remnant communities of Alcantara. In March 2006 a
process of land registry began which is currently paralyzed, but in the long run a
complete issuance will be achieved for affected lands for the quilombo communities,
which means that there remain internal remedies to be exhausted.
IV.
A.
ADMISSIBILITY
Competence rationae personae, rationae materiae, rationae
temporis and
rationae loci
42.
Under Article 44 of the American Convention and Article 23 of the
Commission’s Rules of Procedure, the petitioners, as legally recognized
nongovernmental organizations, have standing to lodge petitions with the
Commission alleging violations of rights protected under the American Convention.
Furthermore, Brazil is a party to the Convention and is therefore internationally
accountable for violations of it.
43.
The Commission regards the members of the following communities
as the alleged victims: Mamuna, Águas Belas, Caiuaua, Baracatatiua, São Francisco,
Barbosa, Pacoval, Corre Prata, Brito, Itapera, Mamuninha, Folhau, Santa Maria,
Tacaua, Bom Viver, Uru-Grande, Uru-Mirim, Arapiranga, Canelatiua, Retiro, Vista
Alegre, Rio Verde, Centro Alegre, Mato Grosso, Itapuaua, Perizinho, Esperança,
Cajitiua, Murari, Ladeira, Iririzal, Samucangaua, Espera, Barro Alto, Ponta Seca,
Curuçá, Laje, Pepital, Cajueiro, Só Assim, Boa Vista, Norcasa, Sozinho, Baracatatiua,
São Raimundo, Jabaquara, Jardim, Santa Cruz, Titica, Porto, Santa Rosa, Pirarema,
Marudá, Santo Antonio, Ponta, Jenipaúba, Camarajó, Capijuba and Ladeira. These
communities have either been relocated or are threatened with relocation, or have
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