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Decree Of 17 February 2005

Original Language Title: Decreto de 17 de fevereiro de 2005

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DECREE OF February 17, 2005

Discuss on the creation of the Extractivist Zone of Freedom, in the Municipalities of Southern Cruise, Marshal Thaumaturgo, Porto Walter and Tarauacá, in the State of the Acre, and Ipixuna, in the State of Amazonas, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the attribution that confers it on art. 84, inciso IV, of the Constitution, and with a view to the provisions of the art. 18 of Law No. 9,985 of July 18, 2000, and what is stated in Case No. 2001.000097 /98-26,

DECRETA:

Art. 1º It is created the Extractivist Rizinho Reservation of Freedom, in the Municipalities de Cruzeiro do Sul, Marechal Thaumaturgo, Porto Walter and Tarauacá, in the State of the Acre, and Ipixuna, in the State of Amazonas, with an approximate area of three hundred and five thousand, six hundred and two hectares and sixty-six airs, having on the basis of the sheets SB-19-Y-C-IV, SB-19-V-A-I, SB-19-V-A-IV, SC-18-X-B-VI, of the IBGE, on the 1:100.000 scale, published by the Brazilian Institute of Geography and Statistics, with the following Descriptive Memorial: departing from Point 1, of coordinates approximate geographical 72 ° 00 '13.39 "Wgr. and 7 ° 42' 43.34" S, located in the Foz of the Igarapé Monteiro, on the left bank of the Riozinho of Liberty, follows by the left bank of the Riozinho of Liberty, in the sense amount, by an approximate distance of 42,870.49 metres, up to Point 2, of approximate geographical coordinates 72 ° 03 '39.56" Wgr. and 7 ° 56' 52.09 "S, located on the left bank of the Riozinho of Liberty; of this, follows by a straight of azimut 107 ° 35 ' 48" and approximate distance 9,033.59 metres, up to Point 3, of approximate geographical coordinates 71 ° 58 '59.34 "Wgr. and 7 ° 58' 22.95" S; of this, it follows by a straight azimut 91 ° 48 '01 " and approximate distance of 10,282.18 meters, up to Point 4, of approximate geographical coordinates 71 ° 53' 24.14" Wgr. and 7 ° 58 '35.83 "S; of this, follows by a straight of azimut 176 ° 36' 16" and approximate distance of 10,869.08 meters, up to Point 5, of approximate geographical coordinates 71 ° 53 '05.64" Wgr. and 8 ° 04' 28.84 "S; of this, follows by a straight azimut 220 ° 17 ' 21" and approximate distance of 3,096.53 meters, up to Point 6, of approximate geographical coordinates 71 ° 54 '11.52" Wgr. and 8 ° 05' 45.20 "S; of this one, follows by a straight azimut 160 ° 21'16" and approximate distance of 2,127.86 meters, up to Point 7, of coordinates approximate geographical approximate 71 ° 53 '48.62" Wgr. and 8 ° 06' 50.54 "S; of this, follows by a straight of azimut 202 ° 26 '44" and approximate distance of 3,540.20 meters, up to Point 8, of approximate geographical coordinates 71 ° 54 33.52" Wgr. and 8 ° 08' 36.63 " S; of this, follows by a straight azimute 222 ° 17 '28 "and approximate distance of 5,418.15 meters, up to Point 9, of approximate geographical coordinates 71 ° 56' 33.47" Wgr. and 8 ° 10 '46.12" S; of this one, follows by a straight azimut 176 ° 40' 33 " and approximate distance of 4,932.30 meters, up to Point 10, of approximate geographical coordinates 71 ° 56 '25.30 "Wgr. and 8 ° 13' 26.31" S; of this one, follows by a straight azimut 99 ° 59 ' 19 " and approximate distance of 7,840.69 meters, up to Point 11, of approximate geographical coordinates 71 ° 52 '13.55" Wgr. and 8 ° 14' 12.37 "S; of this, follows by a straight of azimut 215 ° 46 ' 58" and approximate distance of 16,601.75 meters, up to Point 12, of approximate geographical coordinates 71 ° 57 33.73" Wgr. and 8 ° 21'28.04 " S; of this, follows by a straight azimute 184 ° 09 '00 "and approximate distance of 11,375.83 meters, up to Point 13, of approximate geographical coordinates 71 ° 58' 03.40" Wgr. and 8 ° 27 '36.80" S; of this, follows by a straight of azimut 134 ° 17' 13 " and approximate distance of 4,756.17 meters, up to the Point 14, of approximate geographical coordinates 71 ° 56 '13.02" Wgr. and 8 ° 29' 25.65 "S; of this, it follows by a straight of azimut 225 ° 34 ' 24" and approximate distance of 13,540.10 meters, up to Point 15, of approximate geographical coordinates 72 ° 01'31.30 " Wgr. and 8 ° 34 '31.43 "S; of this, follows by a straight of azimut 98 ° 42' 45" and approximate distance of 1,841.89 meters, up to Point 16, of approximate geographical coordinates 72 ° 00 '31.90 "Wgr. and 8 ° 34' 40.96" S; of this, follows by a straight azimute 186 ° 11'51 " and approximate distance of 8,087.26 metres, up to Point 17, of approximate geographical coordinates 72 ° 01'02.50" Wgr. and 8 ° 39 '02.18 "S; of this, it follows by a straight of azimut 108 ° 49' 06" and approximate distance of 2,207.28 meters, up to Point 18, of coordinates approximate geographical approximate 71 ° 59 '54.38 "Wgr. and 8 ° 39' 25.87" S, located on the edge of the RESEX Alto Tarauacá; of this, it follows by the limit of the RESEX Alto Tarauacá, by an approximate distance of 1,946.96 meters, up to Point 19, of geographical coordinates approximate 71 ° 59 '56.76" Wgr. and 8 ° 40' 28.61 "S, located on the edge of the RESEX Alto Tarauacá; of this one, follows by a straight azimut 262 ° 26 '59" and approximate distance of 7,093.15 meters, up to Point 20, of approximate geographical coordinates 72 ° 03' 46.80 " Wgr. and 8 ° 40 '57.10 "S; of this, follows by a straight of azimut 132 ° 38' 32" and approximate distance of 6,772.78 meters, up to Point 21, of approximate geographical coordinates 72 ° 01'05.16" Wgr. and 8 ° 43 '27.58 "S; of this, follows by a straight azimute 214 ° 23' 04" and approximate distance of 4,210.75 meters, up to Point 22, of approximate geographical coordinates 72 ° 02 '23.82" Wgr. and 8 ° 45' 19.96 " S, located at the limit of the RESEX Alto Tarauacá; this, follows by the limit of the RESEX Alto Tarauacá, by a distance approximate 9,197.62 meters, up to Point 23, of approximate geographical coordinates 72 ° 07 '05.16" Wgr. and 8 ° 46' 45.62 " S, located on the edge of the RESEX Alto Tarauacá with the boundary of the Indigenous Land Jaminawa Arara of the River Bagé; of this, follows by a straight azimute 307 ° 14 '03 "and approximate distance of 4,900.24 meters, up to Point 24, of approximate geographical coordinates 72 ° 09' 11.84" Wgr. and 8 ° 45 '08.16" S, located on the edge of the RESEX Alto Juruá; of this one, follows by a straight azimut 06 ° 36' 42 " and approximate distance of 4,895.56 meters, up to Point 25, of approximate geographical coordinates 72 ° 08 '52.08" Wgr. and 8 ° 42' 30.20 "S, located on the edge of the RESEX Alto Juruá; of this, follows by a straight azimute 279 ° 10 ' 51" and approximate distance of 3,033.53 meters, up to Point 26, of approximate geographical coordinates 72 ° 10 '29.82" Wgr. and 8 ° 42' 13.65 "S, located on the edge of the RESEX Alto Juruá; of this one, follows by a straight azimut 338 ° 46 ' 48" and approximate distance of 2,276.34 meters, up to the Point 27, of approximate geographical coordinates 72 ° 10 '56.17" Wgr. and 8 ° 41'04.44 "S, located on the edge of the RESEX Alto Juruá; of this, follows by a straight azimute 243 ° 28' 49" and approximate distance of 3,603.55 meters, up to Point 28, of coordinates approximate geographical approximate 72 ° 12 '41.94 "Wgr. and 8 ° 41'55.86" S, located at the limit of the RESEX Alto Juruá; of this, follows by a straight azimut 226 ° 33' 37 " and approximate distance of 2,680.38 meters, up to Point 29, of approximate geographical coordinates 72 ° 13 '46.06" Wgr. and 8 ° 42' 55.24 "S, located on the edge of the RESEX Alto Juruá; of this, follows by a straight of azimut 270 ° 00 ' 00" and approximate distance of 2,724.31 meters, up to Point 30, of approximate geographical coordinates 72 ° 15 15.08" Wgr. and 8 ° 42 '54.48 "S; of this, follows by a straight azimute 239 ° 37' 47" and approximate distance of 2,399.20 meters, up to Point 31, of approximate geographical coordinates 72 ° 16 '23.05" Wgr. and 8 ° 43' 33,333 "S; of this, follows by a straight azimut 40 ° 37 ' 35" and approximate distance of 9,775.06 metres, up to Point 32, of approximate geographical coordinates 72 ° 12 '53.03" Wgr. and 8 ° 39' 33.91 "S; of this, it follows by a straight azimut 331 ° 18 ' 53" and approximate distance of 1,437.41 meters, up to Point 33, of approximate geographical coordinates 72 ° 13 '15.20" Wgr. and 8 ° 38' 52.73 "S; of this, it follows by a straight azimut 357 ° 03 '06" and approximate distance of 1,173.55 meters, up to Point 34, of approximate geographical coordinates 72 ° 13' 16.86" Wgr. and 8 ° 38 ' 14.60 " S; of this, follows by a straight of azimut 65 ° 14 '23 "and approximate distance of 859.55 meters, up to Point 35, of approximate geographical coordinates 72 ° 12' 51.26" Wgr. and 8 ° 38 '03.12" S; of this, follows by a straight azimut 12 ° 20' 56 " and approximate distance of 2,244.94 meters, up to Point 36, of approximate geographical coordinates 72 ° 12 '34.99 "Wgr. and 8 ° 36' 51.95" S; of this one, follows by a straight azimut 309 ° 57 ' 35 " and approximate distance of 2,776.19 meters, up to Point 37, of geographical coordinates approximate 72 ° 13 '44.00" Wgr. and 8 ° 35' 53.40 "S; of this, it follows by a straight azimut 344 ° 46 '02" and approximate distance of 1,027.09 meters, up to Point 38, of approximate geographical coordinates 72 ° 13' 52.24" Wgr. and 8 ° 35 ' 21.11 " S; of this, follows by a straight from azimute 286 ° 36 '40 "and approximate distance of 3,256.69 meters, up to Point 39, of approximate geographical coordinates 72 ° 15' 34.24" Wgr. and 8 ° 34 '49.98" S; of this one, follows by a straight azimut 345 ° 19' 16 " and approximate distance of 5,093.24 meters, up to Point 40, of approximate geographical coordinates 72 ° 16 '15.02" Wgr. and 8 ° 32' 09.45 "S; of this, it follows by a straight of azimut 303 ° 40 '05" and approximate distance of 4,785.51 meters, up to Point 41, of approximate geographical coordinates 72 ° 18' 24.34 " Wgr. and 8 ° 30 ' 42.10 " S, located on the edge of the Indigenous Earth Arara Igarapé Humaitá; of this one, it follows by the boundary of the Indigenous Earth Arara Ilgarapé Humaitá, by an approximate distance of 1,161.89 meters, up to Point 42, of geographical coordinates approximate 72 ° 17 '54.46" Wgr. and 8 ° 30' 18.98 "S, located in the Indigenous Earth Arara Igarapé Humaitá; of this one, follows by a straight azimut 304 ° 50 ' 31" and approximate distance of 4,302.34 meters, up to Point 43, of approximate geographical coordinates 72 ° 19 '49.08" Wgr. and 8 ° 28' 58.09 "S, located in the Indian Land Arara Igarapé Humaitá; of this, follows by a straight azimut 69 ° 49 '09" and approximate distance of 1,492.82 meters, up to Point 44, of approximate geographical coordinates 72 ° 19' 03.18" Wgr. and 8 ° 28 '41.74 "S; of this, follows by a straight of azimut 21 ° 22' 09" and approximate distance of 2,042.41 meters, up to Point 45, of approximate geographical coordinates 72 ° 18 '38.34 "Wgr. and 8 ° 27' 40.11" S; of this, follows by a straight azimute 97 ° 20 ' 38 " and approximate distance of 7,917.26 meters, up to Point 46, of approximate geographical coordinates 72 ° 14 '22.24" Wgr. and 8 ° 28' 15.17 "S; of this one, follows by a straight azimut 88 ° 02 ' 20" and approximate distance of 1,402.56 meters, up to Point 47, of coordinates approximate geographical approximate 72 ° 13 '36.44" Wgr. and 8 ° 28' 13.98 "S; of this, follows by a straight of azimut 23 ° 36 '13" and approximate distance of 1,245.56 meters, up to Point 48, of approximate geographical coordinates 72 ° 13 19.85" Wgr. and 8 ° 27' 37.02 " S; of this, follows by a straight of azimute 63 ° 02 '30 "and approximate distance of 1,625.70 meters, up to Point 49, of approximate geographical coordinates 72 ° 12' 32.33" Wgr. and 8 ° 27 '13.45 "S; of this, follows by a straight azimut 349 ° 15' 32" and approximate distance of 2,420.41 meters, up to Point 50, of approximate geographical coordinates 72 ° 12 '76.44" Wgr. and 8 ° 25' 56.02 "S; of this, follows by a straight azimut 320 ° 14 ' 46" and approximate distance of 7,355.64 meters, up to Point 51, of approximate geographical coordinates 72 ° 15 '18.47" Wgr. and 8 ° 22' 50.91 "S; of this, follows by a straight azimute 08 ° 19 ' 08" and approximate distance of 2,790.36 meters, up to Point 52, of approximate geographical coordinates 72 ° 15 04.57" Wgr. and 8 ° 21'21.25 " S; of this, follows by a straight azimut 28 ° 19 '34 "and approximate distance of 2,518.57 meters, up to Point 53, of approximate geographical coordinates 72 ° 14' 24.94" Wgr. and 8 ° 20 '09.50 "S; of this, follows by a straight of azimut 06 ° 13' 34" and approximate distance of 5,276.12 meters, up to Point 54, of approximate geographical coordinates 72 ° 14 '04.88" Wgr. and 8 ° 17' 19.13 "S; of this, follows by a straight of azimut 329 ° 49 '03" and approximate distance of 3,631.30 meters, up to Point 55, of approximate geographical coordinates 72 ° 15 03.64" Wgr. and 8 ° 15' 36.59.74 " S; of this, follows by a straight of azimut 282 ° 10 '12 "and approximate distance of 1,793.05 meters, up to Point 56, of approximate geographical coordinates 72 ° 16' 0.73" Wgr. and 8 ° 15 '23.84" S; of this one, follows by a straight azimut 05 ° 03' 12 " and distance approximate 17,246.03 meters, up to Point 57, of approximate geographical coordinates 72 ° 15 '06.62" Wgr. and 8 ° 06' 05.74 "S; of this one, follows by a straight azimut 293 ° 10 ' 20" and approximate distance of 4,429.53 meters, up to Point 58, of coordinates approximate geographical approximate 72 ° 17 '19.00" Wgr. and 8 ° 05' 08.01 "S; of this, follows by a straight of azimut 11 ° 49 '37" and approximate distance of 3,955.98 meters, up to Point 59, of approximate geographical coordinates 72 ° 16 51.53" Wgr. and 8 ° 03' 02.34 " S; of this, follows by a straight of azimute 38 ° 20 '52 "and approximate distance of 725.53 meters, up to Point 60, of approximate geographical coordinates 72 ° 16' 36.70" Wgr. and 8 ° 02 ' 43.96" S, located in the spring of the Campinas River; of this, follows by the River Campinas, in the sense downstream, by approximate distance of 22,194.57 meters, up to Point 61, of approximate geographical coordinates 72 ° 15 '34.13" Wgr. and 7 ° 52' 53.27 " S, located at the confluence of the River Campinas with the Igarapé Repentant; of this, follows by the Igarapé Repented, in the sense amount, by approximate distance of 7,757.24 meters, up to Point 62, of approximate geographical coordinates 72 ° 14 '13.31 "Wgr. and 7 ° 56' 14.35" S, located in the spring of the Igarapé Repentant; of this, follows by a straight azimute 29 ° 58 '08 "and approximate distance of 3,046.30 meters, up to Point 63, of approximate geographical coordinates 72 ° 13' 23.02" Wgr. and 7 ° 54 ' 48.93" S, located at the boundary of the Indigenous Campinas / Katukina; this, follows by the boundary of the Indigenous Land Campinas / Katukina, by an approximate distance of 29,128.76 meters, up to Point 64, of approximate geographical coordinates 72 ° 04 '54.01" Wgr. and 7 ° 46' 49.01 " S, located on the boundary of the Indigenous Campinas / Katukina; this, follows by a straight azimute 351 ° 21'35 "and approximate distance of 6,107.31 meters, up to Point 65, of approximate geographical coordinates 72 ° 05 '22.49" Wgr. and 7 ° 43' 32.46" S, located at the boundary of the Indigenous Land Campinas / Katukina with the Igarapé Monteiro; of this, follows by the Igarapé Monteiro, in the downstream sense, by approximate distance of 10,529.77 meters, up to Point 1, early descriptive memorial, totaling an approximate perimeter of three hundred and ninety eight, six hundred and eighty three meters and six centimeters.

Art. 2º The Extracactivist Reserve ora created aims to protect the means of life and ensure the use and conservation of the renewable natural resources traditionally used by the an extractivist population residing in the area of its comprehensiveness.

Art. 3º Caberá to the Brazilian Institute of the Environment and Renewable Natural Resources-IBAMA administer the Extractivist Reserve of the Freedom, adopting the necessary measures for its deployment and control, in the terms of the art. 18 of Law No. 9,985 of July 18, 2000, providing the free use assignment contracts with the traditional extractivist population, for effect of its celebration by the Union Heritage Office of the Union Ministry of Planning, Budget and Management, and keep track of the fulfilment of the conditions laid down in them, in the form of the law.

Art. 4º Ficam declared of social interest, for the purposes of dispropriation, in the form of Law No. 4,132, of September 10 of 1962, the rural real estate of legitimate private domain and its benefits, which come to be identified in the limits of the Extractivist Riozinho Reserve of Freedom.

§ 1º The IBAMA becomes authorized to promote and execute the misappropriations of which it treats the caput of this article, and may, for the purpose of immission of possession, claim the urgency to which art relates. 15 of the Decree-Law No. 3,365 of June 21, 1941.

§ 2º The Federal Attorney General, the organ of the Advocate General of the Union, through its legal unit of execution together with the IBAMA, shall be authorized to promote the relevant administrative and judicial measures, targeting the declaration of nullity of possible property titles and their respective real estate records considered irregular, incidents in the conservation unit ora created.

Art. 5º Ficam secured the paving works and maintenance of traffic in BR 364, due to its relevance to the safety and defence of the national territory, as well as to the strengthening of transport systems, energy and communications of the region, in accordance with the established in Decree No. 4,411 of October 7, 2002 and in the art. 2nd, inciso IV, of the Decree No. 4,340, of August 22, 2002.

Art. 6º The deliberative board of the Extrativist Reserves of Freedom will have parity constitution between representatives of public institutions and civil society, ensured the participation of the Ministry of Defense and traditional resident populations.

Art. 7º This Decree comes into effect on the date of its publication.

Brasília, February 17, 2005; 184º of Independence and 117º of the Republic.

LUIZ INACIO LULA DA SILVA

Marina Silva