TRF1 determines that the case regarding Marituba Landfill must be judged by the Federal Court

Marituba landfill is close to residences and bathhouses The Federal Regional Court of the 1st Region (TRF1) suspended the decision that had partially ended a public civil action on the tender for the collection and management of solid waste in Belém and the operation of the Marituba Landfill, in the Metropolitan Region. With the decision, the case will continue to be processed in the Federal Court in Pará. The decision responds to an appeal presented by the Federal Public Ministry (MPF), which defended the Federal Court's competence to analyze requests related to the protection of the rights of the Abacatal quilombola community. The action had been partially closed by the Federal Court on the grounds that the requests to annul the bidding notice and deactivate and recover the landfill were already discussed in a structural reorganization process being processed in the State Court of Pará. As a result, a decision that temporarily suspended the bidding had also been revoked. The MPF appealed to the TRF1 and argued that the protection of the rights of the quilombola community is the responsibility of the Federal Court. According to the body, Abacatal does not participate in the agreements signed in the process being processed in the State Court, which could leave the community's interests subject to decisions taken without its participation. The Public Ministry also pointed out differences between the two processes. While the state action deals with operational and financial issues related to the landfill, the federal action discusses the socio-environmental and cultural impacts of the bidding on the quilombola territory. Click and follow the g1 Pará channel on WhatsApp Decision 'Marituba Landfill': group of houses show proximity to the project. Adelson Albernás/TV Liberal When analyzing the appeal, the TRF1 recognized the competence of the Federal Court to deal with the protection of the rights of the Abacatal community. The Court considered that the existence of a process in the State Court does not prevent the Federal Court from acting in defending the rights of traditional communities. In the decision, the TRF1 also highlighted that the Abacatal quilombola community did not sign the agreement approved by the State Court. Therefore, the interests of residents cannot be considered represented by the agreement. Despite determining the continuation of the action in the Federal Court, the Court did not suspend the bidding contracts. According to the decision, the contract with the winning company was signed before the first court decision that had interrupted the process. Furthermore, the start of works and services depends on carrying out technical studies and obtaining the necessary environmental licenses. Consultation with the quilombola community The TRF1 also determined that, before progressing with interventions, a Prior, Free and Informed Consultation (CPLI) be carried out with the quilombola community of Abacatal. The procedure is intended for traditional communities and seeks to guarantee the participation of residents in decisions that may affect their territories and their rights. With the decision, the action will continue to be analyzed by the Federal Court, while sanitation services in the Metropolitan Region of Belém are not interrupted. Read all the state news on g1 Pará