DECREE OF November 19, 2015
Declares of social interest, for the purposes of dispropriation, rural real estate covered by the Narcisa kilombola territory, located in the Municipality of Captain Poço, State of Pará.
THE CHAIRMAN OF THE REPUBLIC, in the use of the assignments that confer you the art. 84, caput, inciso IV, and art. 216, § 1º, of the Constitution, in view of the provisions of art. 5º, caput, inciso XXIV, of the Constitution, at art. 68 of the Act of Transitional Constitutional Provisions, at art. 5º of Law No. 4,132 of September 10, 1962, and at art. 6º of Decree-Law No. 3,365 of June 21, 1941, and in accordance with Case INCRA/SR-01/nº 54100.000849 /2005-05,
Art. 1º Stay declared of social interest, for the purposes of misappropriation, rural real estate with valid domain and covered by the Narcisa kilombola territory, with area of seishundred and eighteen hectares, ninety and three airs and twenty centiars, located in the Municipality of Captain Poço, State of Pará. Single paragraph. The perimeter of the territory starts at the P-1 vertex, of coordinates E 283 637.00 m and N- 9814 659.00 m, confronting in this excerpt with lands of Antonio Baptist Pereira ; of this one, follows with azimute of 110 ° 31 ; 01 " and distance from 1,215 ,86m, up to the P-2 vertex, of coordinates E 284776 ,26m and N- 9814 232.90 m, situated on the left bank of the Guamá River ; of this one, follows the one referred to by its left margin upstream with a distance of 4,366 ,69m, up to the P-3 vertex, from coordinates E 282875 ,27m and N- 9812 to 290.38 m ; of this one, follows with azimute of 239 ° 14'57 "and distance of 1,056 ,87m, confronting in this excerpt with land from which of law, up to the vertex P-4, of this one, follows with azimute of 307 ° 58' 45" and distance of 1,446 ,27m, confronting in this stretch with land of Michio Sato, up to the P-5 vertex ; of this one, follows with azimute from 354 ° 59'39 "and distance of 1,512 ,77m, confronting in this stretch with Michio Sato land and with the Yellow Stick Settlement Project up to the P-6 vertex ; of this one, follows with azimute from 80 ° 07' 40" and distance from 2,985 ,95m, confronting in this stretch with Claudius lands Maria Reis and José Silva Farias, up to the P-1 vertex, initial point of the description of this perimeter.
Art. 2º Exceptuated good-faith benefactor authorized by law, this Decree does not hear compensation effects on private individuals in relation to the sows, machines and agricultural implements and, regardless of fundraising or discrimination, to the areas:
I-of public domain, made up of law or public record ; and
II-whose private domain is harvested by nullity, prescription, common or inefficacy by other grounds or already registered on behalf of the kilombola community.
Art. 3º The National Institute for Colonization and Agrarian Reform-INCRA authorized to promote and execute dispossession, in the manner provided for in Law No. 4,132 of September 10, 1962, and in Decree-Law No. 3,365 of June 21, 1941, attested to dominial legitimacy of private real estate situated on the perimeter described in art. 1º.
§ 1º The INCRA, regardless of prior judicial declaration, should ascertain administratively the occurrences mentioned in art. 2º, and shall invoke them in judgment, for the purposes of exclusion of the compensation.
§ 2º The Advocacy-General of the Union, through its Federal Prosecutor's Office with the INCRA, may, for the purpose of immission of possession, aller the urgency to which the art is referred. 15 of Decree-Law No. 3,365, 1941.
Art. 4º The declaration of social interest referred to this Decree does not focus on areas used for the operation of transmission lines, pipelines or on the integral vial infrastructure of the National Travel System-SNV.
Art. 5º This Decree shall enter into force on the date of its publication.
Brasilia, November 19, 2015 ; 194º of Independence and 127º of the Republic.