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Decree Of November 08 2004

Original Language Title: Decreto de 08 de novembro de 2004

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DECREE OF November 8, 2004

Disposes on the creation of the Extractivist Rizinho Reserve of the Anfrysus, in the Municipality of Altamira, in the State of the Pará, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers him the art. 84, inciso IV, of the Constitution, and having and seen the provisions of the art. 18 of Law No. 9,985 of July 18, 2000, and what is stated in Case No. 02001.003752 /2003-07,

DECRETA:

Art. 1º It is created the Extractivist Reserve Riozinho of the Anfrysus, in the Municipality of Altamira, State of the Pará, with an approximate area of seven hundred and thirty-six thousand, three hundred and forty hectares, ninety-nine ares and twenty centiars, having based the Cartas SB-21-X-B, SB-21-X-C and SB-21-X-D, on the scale 1:250.000, published by the Brazilian Institute of Geography and Statistics-IBGE, with the following descriptive memorial: departing from Point 1, of approximate geographical coordinates 54 ° 39 '18.28 "WGr and 4 ° 45' 33.98" S, located at the confluence of the Iriri River with the Igarapé of the Laura, follows by the left bank of the Iriri River, in the upstream sense, by a approximate distance of 37,152.367 meters to the Point 2, of approximate geographical coordinates 54 ° 33 '4.60 "WGr and 5 ° 00' 19.39" S, located on the left bank of the Iriri River, at the confluence with the Igarapé Nazareth; of this, it follows by the left bank of the Igarapé Nazareth, by an approximate distance of 34,437.639 metres up to the Point 3, of approximate geographical coordinates 54 ° 44 '41.72 "WGr and 5 ° 08' 19.50" S; of this, follows the boundary of the Indigenous land Xipaya by a straight of azimut 213 ° 13 '17 "and approximate distance of 19,405.69 meters up to Point 4, of approximate geographical coordinates 54 ° 50' 25.00" WGr and 5 ° 17 ' 9.00 " S, located on the boundary of the Xipaya Indigenous Earth; of this, follows by a straight from azimuth 213 ° 33 '04 "and approximate distance of 15,410.48 meters to Point 5, of approximate geographical coordinates 54 ° 55' 0.11" WGr and 5 ° 24 ' 7.92 " S, located at the boundary of the National Forest of Altamira; of this, follows the boundary of the National Forest of Altamira by a straight of azimut 270 ° 10 '44 "and approximate distance of 47,091.98 meters up to Point 6, of approximate geographical coordinates 55 ° 20' 29.58" WGr and 5 ° 24 ' 7.88 " S, located at the intersection of the boundary of the National Forest of Altamira with the Boundary line of the Municipalities of Altamira and Trair; of this, follows the dividing line of the Municipalities of Altamira and TraIran, by approximate distance of 8,947.517 metres up to Point 7, of approximate geographical coordinates 55 ° 23 ' 38.20 " WGr and 5 ° 24 '7.88 " S, located at the intersection of the boundary of the National Forest of Altamira with the dividing line of the Municipalities of Altamira and Trairus; of this, follows by a straight azimute 270 ° 09' 03"e approximate distance of 5,319.33 meters to the Point 8, of approximate geographical coordinates 55 ° 26 '30.99 "WGr and 5 ° 24' 7.87" S, located at the intersection of the boundary of the National Forest of Altamira with the dividing line of the Municipalities of Altamira and Trair; of this, it follows by the dividing line of the Municipalities of Altamira and Trair, towards the north, by approximate distance of 143,345.875 meters up to Point 9, of approximate geographical coordinates 55 ° 28 '56.29 "WGr and 4 ° 44' 7.27" S, located on the dividing line of the Municipalities of Altamira, Trashall and Itaituba; of this, follows by the dividing line of the Municipalities of Altamira and Itaituba by a approximate distance of 15,774.545 metres up to Point 10, of approximate geographical coordinates 55 ° 29 '50.10 "WGr and 4 ° 37' 12.28" S, located on the dividing line of the Municipalities of Altamira, Itaituba and Rurópolis; of this, follows by the dividing line of the Municipalities of Altamira and Rurópolis by a approximate distance of 113,553.320 meters up to Point 11, of approximate geographical coordinates 54 ° 50 ' 29.00 " WGr and 4 ° 24 ' 35.63 " S, located on the dividing line of the Municipalities of Altamira, Rurópolis and Placas; of this, follows by the dividing line of the Municipalities of Altamira and Placas, by an approximate distance of 2,252.286 meters, up to Point 12, of coordinates approximate geographical approximate 54 ° 49 '35.65 "WGr and 4 ° 25' 17.08" S, located on the dividing line of the Municipalities of Altamira and Placas; of this, it follows by the boundary of the Indigenous Earth Cachoeira Drought, by a straight azimmoth 178 ° 23 ' 16 " and approximate distance of 20,763.22 metres up to Point 13, of approximate geographical coordinates 54 ° 49 '14.69 "WGr and 4 ° 36' 32.48" S, located on the left bank of the Igarapé da Laura; of this, it follows by the left margin of the Igarapé da Laura, in the downstream sense, following the boundary of the Indigenous Land Cachoeira Seca, by an approximate distance of 32,952.992 meters to Point 1, start of this descriptive memorial, totaling an approximate perimeter of four hundred and ninety six, four hundred and eight meters and eighty eight centimeters.

Art. 2º The Reserva Extractivist Riozinho of the Anfrysus aims at protecting the means of life and the culture of traditional populations and ensuring the sustainable use of natural resources of the Area.

Art. 3º Caberá to the Brazilian Institute of the Environment and Renewable Natural Resources-IBAMA administer the Extractivist Rizinho Reserve of the Anfrysus, 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 contract 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 monitor compliance with 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, 1962, the rural real estate of legitimate private domain and its benefits that come to be identified in the limits of the Extractivist Rizinho Reserve of the Anfrysus.

§ 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 in the possession, claim the urgency to which art relates. 15 of the Decree-Law No. 3,365 of June 21, 1941.

§ 2º The areas that come to be identified as domain of the State of Pará will only be able to be misappropriated after due legislative authorization.

§ 3º The Federal Attorney General, the organ of the Advocate General of the Union, through its legal unit of implementation 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 Extractivist Reserve Riozinho of the Anfrysus.

Art. 5º This Decree enters into vigour on the date of its publication.

Brasilia, November 8, 2004; 183º of Independence and 116º of the Republic.

LUIZ INACIO LULA DA SILVA

Marina Silva