Decree Of January 31, 2013

Original Language Title: Decreto de 31 de janeiro de 2013

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

DECREE OF January 31, 2013

Declares of public utility, for the purposes of misappropriation, in favor of the Autopista Fluminense S.A. dealership, the real estate it mentions, located in the Municipality of Macaé, State of Rio de Janeiro.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments that confers him on art. 84, caput, inciso IV, of the Constitution, and in view of the provisions of art. 3º, art. 5º, caput, points "h" and "i", and 6º of Decree-Law No. 3,365 of June 21, 1941, at art. 29, caput, inciso VIII, and 31, caput, inciso VI, of Law No. 8,987 of February 13, 1995, and in accordance with what is stated in the ANTT Case No. 50500.066771 /2012-49,

D E C R E T A:

Art. 1º Stay declared of public utility, for the purposes of dispossession, total or partial, in favor of the Autopista Fluminense S.A. dealership, the real estate bounded by the topographical coordinates described below, excluded the domain goods public, adjacent to the Highway Governor Mário Covas, BR-101/RJ, in the Municipality of Macaé, State of Rio de Janeiro, necessary for the execution of the trevo implantation works in the km 144 + 500m:

I-area 01: starts the perimeter on the vertex P1, of coordinates N (Y) 7540729.59 and E (X) 215985, 426, situated on the limit with José Carlos de Carvalho Barcelos ; of this one, follows with azimute from 201 ° 30' 33 " and distance of 34 ,19m, confronting this excerpt with José Carlos de Carvalho Barcelos, up to the vertex P2, of coordinates N (Y) 7540697, 783 and E (X) 215972, 891 ; of this one, follows with azimute from 229 ° 19' 23 " and distance of 86 ,48m, confronting in this excerpt with José Carlos de Carvalho Barcelos, to the vertex P3, of coordinates N (Y) 7540641, 416 and E (X) 215907, 305 ; of this, follows with azimute of 159 ° 56' 59 " and distance of 88 ,22m, confronting in this excerpt with José Carlos de Carvalho Barcelos, up to the P4 vertex, of coordinates N (Y) 7540558.539 and E (X) 215937.552 ; of this one, follows with azimute of 139 ° 03' 58 "and distance of 121 ,95m, confronting in this excerpt with José Carlos de Carvalho Barcelos, up to the P5 vertex, of coordinates N (Y) 7540466, 412 and E (X) 216017, 45 ; of this, follows with azimute of 154 ° 31'21" and distance from 23 ,33m, confronting in this excerpt with José Carlos de Carvalho Barcelos, up to the vertex P6, of coordinates N (Y) 7540445, 352 and E (X) 216027, 485 ; of this one, follows with azimute of 316 ° 55' 27 " and distance of 73 ,63m, confronting in this excerpt with Amaral Highway Goldfish, RJ-106, up to the P7 vertex, from coordinates N (Y) 7540499, to 133 and E (X) 215977.2 ; of this, follows with azimute from 316 ° 55' 29 " and distance of 73 ,63m, confronting in this stretch with Yellow Highway, RJ-106, up to the P8 vertex, from coordinates N (Y) 7540552, 915 and E (X) 215926, 915 ; of this, follows with azimute of 317 ° 41'08 " and distance of 9.67m, confronting in this excerpt with Yellow Highway, RJ-106, up to the P9 vertex, of coordinates N (Y) 7540560, 068 and E (X) 215920, 403 ; of this, follows with azimute from 324 ° 02'54 "and distance of 29 ,52m, confronting in this excerpt with Yellow Highway, RJ-106, up to the P10 vertex, from coordinates N (Y) 7540583, to 963 and E (X) 215903.073 ; of this one, follows with azimute from 336 ° 06' 04" and distance of 11 ,82m, confronting this excerpt with Yellow Highway, RJ-106, up to the P11 vertex, from coordinates N (Y) 7540594, 766 and E (X) 215898, 286 ; of this, follows with azimute from 346 ° 08' 17 " and distance of 13 ,39m, confronting in this excerpt with Yellow Highway, RJ-106, up to the vertex P12, from coordinates N (Y) 7540607, to 77 and E (X) 215895.077 ; of this, follows with azimute from 351 ° 22' 08 " and distance of 12 ,53m, confronting in this excerpt with Yellow Highway, RJ-106, up to the P13 vertex, from coordinates N (Y) 7540620, to 162 and E (X) 215893, 196 ; of this one, follows with azimute from 357 ° 26'17 "and distance of 17 ,41m, confronting in this excerpt with Yellow Highway, RJ-106, up to the P14 vertex, of coordinates N (Y) 7540637.55 and E (X) 215892, 418 ; of this, follows with azimute of 15 ° 44' 59" and distance of 6.64m, confronting in this stretch with Yellow Highway, RJ-106, up to the P15 vertex, of coordinates N (Y) 7540643, 936 and E (X) 215894, 219 ; of this one, follows with azimute from 45 ° 22' 06 " and distance of 9.90m, confronting in this stretch with Amaral Fish Highway, RJ-106, up to the P16 vertex, of coordinates N (Y) 7540650, 893 and E (X) 215901, 266 ; of this, follows with azimute from 47 ° 45' 48 " and distance of 49 ,08m, confronting in this excerpt with Yellow Highway, RJ-106, up to the P17 vertex, from coordinates N (Y) 7540683, to 882 and E (X) 215937, 601 ; of this, follows with azimute 46 ° 17' 48 " and distance of 66 ,15m, confronting in this excerpt with Amaral Highway, RJ-106, up to the P1 vertex, from coordinates N (Y) 7540729.59 and E (X) 215985, to 426, with area of 4,441.49 m² (four thousand, four hundred and forty-one square meters and forty-nine square centimeters) ;

II-area 02: begins the perimeter on the vertex P1, of coordinates N (Y) 7540426.539 and E (X) 216005, 635, situated on the limit with unidentified owner ; of this one, follows with azimute from 209 ° 43' 51 " and distance of 14 ,78m, confronting this excerpt with unidentified owner, up to the P2 vertex, of coordinates N (Y) 7540413, 706 and E (X) 215998, 306 ; of this, follows with azimute from 312 ° 46' 42 " and distance of 107 ,07m, confronting in this excerpt with unidentified owner, up to the P3 vertex, of coordinates N (Y) 7540486, 426 and E (X) 215919, 716 ; of this, follows with azimute from 307 ° 13' 52 " and distance of 121 ,92m, confronting in this excerpt with unidentified owner, up to the P4 vertex, of coordinates N (Y) 7540560, 19 and E (X) 215822, 645 ; of this, follows with azimute of 258 ° 40'04 "and distance of 28 ,14m, confronting in this excerpt with unidentified owner, up to the P5 vertex, of coordinates N (Y) 7540554, 661 and E (X) 215795.056 ; of this, follows with azimute from 46 ° 56' 39" and distance of 16 ,57m, confronting in this stretch with Yellow Highway, RJ-106, up to the P6 vertex, from coordinates N (Y) 7540565, to 973 and E (X) 215807, 163 ; of this one, follows with azimute from 49 ° 49' 10 " and distance of 9.17m, confronting in this stretch with Yellow Highway, RJ-106, up to the vertex P7, of coordinates N (Y) 7540571, 892 and E (X) 215814, 172 ; of this, follows with azimute of 68 ° 41'06 " and distance of 6.26m, confronting in this excerpt with Yellow Highway, RJ-106, up to the P8 vertex, of coordinates N (Y) 7540574, 166 and E (X) 215820 ; of this, follow with azimute from 81 ° 36'40 "and distance of 16 ,10m, confronting in this excerpt with Yellow Highway, RJ-106, up to the P9 vertex, from coordinates N (Y) 7540576.515 and E (X) 215835, to 929 ; of this one, follows with azimute from 92 ° 13' 06" and distance of 9.71m, confronting in this stretch with Yellow Highway, RJ-106, up to the P10 vertex, of coordinates N (Y) 7540576, 139 and E (X) 215845, 636 ; of this, follows with azimute from 102 ° 37' 27 " and distance of 6.78m, confronting in this stretch with Yellow Highway, RJ-106, up to the vertex P11, of coordinates N (Y) 7540574, 657 and E (X) 215852, 253 ; of this, follows with azimute from 119 ° 30' 01 " and distance of 11 ,80m, confronting in this excerpt with Yellow Highway, RJ-106, up to the P12 vertex, from coordinates N (Y) 7540568, 847 and E (X) 215862.522 ; of this, follows with azimute of 132 ° 19'13 "and distance of 32 ,43m, confronting in this excerpt with Yellow Highway, RJ-106, up to the P13 vertex, of coordinates N (Y) 7540547, 014 and E (X) 215886, 499 ; of this, follows with azimute from 133 ° 42' 24" and distance from 76 ,29m, confronting in this excerpt with Yellow Highway, RJ-106, up to the P14 vertex, from coordinates N (Y) 7540494, 303 and E (X) 215941, 645 ; of this one, follows with azimute from 134 ° 09' 05 " and distance of 45 ,83m, confronting this stretch with Highway Amaral Fish, RJ-106, up to the P15 vertex, of coordinates N (Y) 7540462, 382 and E (X) 215974.526 ; of this one, follows with azimute from 139 ° 02' 40 " and distance of 47 ,46m, confronting in this stretch with Yellow Highway, RJ-106, up to the P1 vertex, from coordinates N (Y) 7540426.539 and E (X) 216005, 635, with area of 5,567.02 m² (five thousand, five hundred and sixty-seven square meters and two square centimeters) ; and

III-area 03: begins the perimeter in the vertex P1, of coordinates N (Y) 7541010, 944 and E (X) 216025, 155, situated on the limit with Highway Governor Mário Covas, BR-101/RJ; of this, follows with azimute of 172 ° 38' 43 " and distance of 29 ,15m, confronting in this excerpt with Highway Governor Mário Covas, BR-101/RJ, up to the P2 vertex, of coordinates N (Y) 7540982, 038 and E (X) 216028, 886 ; of this one, follows with azimute from 178 ° 07' 47 " and distance of 33 ,49m, confronting in this stretch with Highway Governor Mário Covas, 101/RJ, up to the P3 vertex, of coordinates N (Y) 7540948.564 and E (X) 216029, 979 ; of this, follows with azimute from 187 ° 47' 51 " and distance of 37 ,48m, confronting in this excerpt with Highway Governor Mário Covas, BR-101/RJ, up to the P4 vertex, from coordinates N (Y) 7540911, 43 and E (X) 216024, 894 ; of this, follows with azimute of 195 ° 38' 33 " and distance of 28 ,94m, confronting in this excerpt with Highway Governor Mário Covas, BR-101/RJ, up to the P5 vertex, from coordinates N (Y) 7540883.559 and E (X) 216017.09 ; of this one, follows with azimute of 204 ° 20'55 "and distance of 69 ,71m, confronting in this excerpt with Highway Governor Mário Covas, BR-101/RJ, up to the P6 vertex, of coordinates N (Y) 7540820, 053 and E (X) 215988, 351 ; of this, follows with azimute from 234 ° 22' 47" and distance of 40 ,25m, confronting in this excerpt with Highway Governor Mário Covas, BR-101/RJ, up to the P7 vertex, from coordinates N (Y) 7540796, 611 and E (X) 215955, 632 ; of this one, follows with azimute from 231 ° 30' 26 " and distance of 34 ,87m, confronting in this stretch with Highway Governor Mário Covas, BR-101/RJ, up to vertex P8, of coordinates N (Y) 7540774, 906 and E (X) 215928, 338 ; of this, follows with azimute of 228 ° 51'12 " and distance from 120 ,99m, confronting this excerpt with Highway Governor Mário Covas, 101/RJ, up to the vertex P9, of coordinates N (Y) 7540695, 299 and E (X) 215837, 233 ; of this, follows with azimute of 231 ° 02' 45 " and distance of 56 ,41m, confronting in this excerpt with Highway Governor Mário Covas, BR-101/RJ, up to the P10 vertex, from coordinates N (Y) 7540659, 832 and E (X) 215793, 363 ; of this, follows with azimute from 227 ° 38' 46 " and distance of 52 ,83m, confronting in this excerpt with Highway Governor Mário Covas, BR-101/RJ, up to the P11 vertex, from coordinates N (Y) 7540624, 242 and E (X) 215754, 324 ; of this, follows with azimute of 228 ° 10'42 "and distance of 81 ,43m, confronting in this excerpt with Highway Governor Mário Covas, BR-101/RJ, up to the P12 vertex, from coordinates N (Y) 7540569, to 944 and E (X) 215693, 641 ; of this, follows with azimute from 224 ° 53' 03" and distance of 20 ,66m, confronting in this stretch with Highway Governor Mário Covas, BR-101/RJ, up to the P13 vertex, of coordinates N (Y) 7540555, 307 and E (X) 215679.063 ; of this one, follows with azimute 228 ° 32' 12 " and distance of 143 ,41m, confronting this excerpt with Highway Governor Mário Coves, 101/RJ, up to the P14 vertex, of coordinates N (Y) 7540460, 352 and E (X) 215571.597 ; of this one, follows with azimute 45 ° 37' 28 " and distance of 123 ,66m, confronting in this excerpt with Agrovila Jaime Vieira, up to the vertex P15, from coordinates N (Y) 7540546, 835 and E (X) 215659, 986 ; of this, follows with azimute from 13 ° 52' 46 "and distance of 62 ,13m, confronting in this excerpt with Agrovila Jaime Vieira, up to the vertex P16, of coordinates N (Y) 7540607, 148 and E (X) 215674, 889 ; of this one, follows with azimute of 342 ° 31'06" and distance of 30 ,55m, confronting in this excerpt with Agrovila Jaime Vieira, up to the vertex P17, of coordinates N (Y) 7540636, 286 and E (X) 215665, 712 ; of this one, follows with azimute from 63 ° 27' 41 " and distance of 53 ,02m, confronting in this excerpt with Agrovila Jaime Vieira, until the P18 vertex, of coordinates N (Y) 7540659, 977 and E (X) 215713, 149 ; of this, follows with azimute of 25 ° 23' 33 " and distance of 53 ,14m, confronting in this excerpt with Agrovila Jaime Vieira, up to the vertex P19, of coordinates N (Y) 7540707, 987 and E (X) 215735, 938 ; of this one, follows with azimute of 25 ° 23'34 "and distance of 30 ,84m, confronting in this excerpt with José Carlos de Carvalho Barcelos, up to the vertex P20, of coordinates N (Y) 7540735, 848 and E (X) 215749, 163 ; of this, follows with azimute of 71 ° 52' 29" and distance from 39 ,08m, confronting in this excerpt with José Carlos de Carvalho Barcelos, up to the vertex P21, of coordinates N (Y) 7540748, 005 and E (X) 215786, 302 ; of this one, follows with azimute of 120 ° 11'29 " and distance of 49 ,54m, confronting in this stretch with José Carlos de Carvalho Barcelos, up to the vertex P22, of coordinates N (Y) 7540723, 09 and E (X) 215829, 125 ; of this one, follows with azimute from 51 ° 45' 35 " and distance of 72 ,86m, confronting in this excerpt with José Carlos de Carvalho Barcelos, up to the P23 vertex, from coordinates N (Y) 7540768, 189 and E (X) 215886, 353 ; of this, follows with azimute from 62 ° 33' 30 " and distance of 79 ,78m, confronting in this excerpt with José Carlos de Carvalho Barcelos, up to the vertex P24, of coordinates N (Y) 7540804, 954 and E (X) 215957, 154 ; of this one, follows with azimute from 22 ° 14'20 "and distance of 28 ,26m, confronting in this excerpt with José Carlos de Carvalho Barcelos, up to the vertex P25, of coordinates N (Y) 7540831, 113 and E (X) 215967, 85 ; of this one, follows with azimute from 31 ° 27' 33" and distance from 61 ,94m, confronting this excerpt with José Carlos de Carvalho Barcelos, up to the vertex P26, of coordinates N (Y) 7540883, 949 and E (X) 216000, 176 ; of this one, follows with azimute from 7 ° 54' 20 " and distance of 61 ,90m, confronting in this excerpt with José Carlos de Carvalho Barcelos, to the vertex P27, of coordinates N (Y) 7540945, 263 and E (X) 216008, 69 ; of this, follows with azimute of 357 ° 19' 05 " and distance of 51 ,89m, confronting in this excerpt with José Carlos de Carvalho Barcelos, up to the vertex P28, of coordinates N (Y) 7540997, 098 and E (X) 216006, 262 ; of this one, follows with azimute of 359 ° 25'14 "and distance of 34 ,90m, confronting in this excerpt with José Carlos de Carvalho Barcelos, up to the vertex P29, of coordinates N (Y) 7541031, 997 and E (X) 216005, 909 ; of this, follows with azimute of 137 ° 34' 03" and distance from 28 ,52m, confronting in this excerpt with José Carlos de Carvalho Barcelos, up to the vertex P1, of coordinates N (Y) 7541010, 944 and E (X) 216025, 155, with area of 21,795.22 m² (twenty one thousand, seven hundred and ninety and five square meters and twenty-two square centimeters).

Art. 2º Stay the Autopista Fluminense S.A. dealership authorized to promote, with own resources, the dispossession of the areas of land and benefits of which it treats art. 1º.

Single Paragraph. The exproprier is allowed to invoke the urgency character in the process of misappropriation, for the purposes of immission in possession, in the terms of art. 15 of Decree-Law No. 3,365 of June 21, 1941.

Art. 3º The declaration of public utility does not exonerate the dealership from the prior obtaining of the licensees and the fulfilment of the obligations to environmental entities and other bodies of the public administr

Art. 4º This Decree shall enter into force on the date of its publication.

Brasilia, January 31, 2013 ; 192º of Independence and 125º of the Republic.

DILMA ROUSSEFF

Paulo Sérgio Oliveira Passos