Post by xyz3800 on Feb 28, 2024 3:40:17 GMT -5
\The National Council of Justice overturned, by 12 votes to 1, an ordinance of the Court of Justice of Bahia issued in July 2015 to cancel around 300 land registrations and replace them with just one, which belongs to José Valter Dias. The conflict in the western region of Bahia has been going on for years. There are more than 300 thousand hectares of land requested by Dias, who has already obtained two decisions that allowed the reintegration of possession, but they were also suspended in a back and forth of decisions within the scope of the Bahian TJ. The CNJ's decision was given in requests for action filed by Bom Jesus Agropecuária and other interested parties. According to the defense, made by lawyer Rafael Carneiro , it is not possible to cancel registrations without hearing or considering the rights of people who have been there for a long time, under penalty of violating the principles of broad defense and adversarial proceedings.
The thesis was accepted by the approved vote of counselor Maria Tereza Uille Gomes, followed by the majority of the board. Only the reporting advisor, Humberto Martins, was defeated. According to Maria Gomes, "the judicialization of the matter cannot prevent the intervention of the CNJ on the one hand, and admit the unrestricted action of the Court, on the other. Nor can it enable the issuance of an administrative act with the deliberate Exit Mobile Number List purpose of canceling enrollments and deconstitute titles in force for more than three decades". Based on the evidence in the case file, the counselor highlighted that the TJ-BA ordinance did not consider the legal actions being processed against Fazenda São José (owned by José Valter Dias), it disregarded the time between the opening of property registrations and the determination of cancel them, in addition to ignoring the possible fulfillment of adverse possession requirements and violating the principles of contradictory and broad defense.
For these reasons, with due respect to those who may understand differently, I have to restore order by the National Council of Justice to honor the principles of efficiency and legal security, avoid interference in judicial activity and eliminate the risk of decisions conflicts between the administrative and judicial spheres, it is a measure that is necessary", stated the counselor when considering the request to annul the TJ-BA ordinance to be valid. Decision to the MP In the same decision, counselor Maria Tereza Uille Gomes highlighted the "sharp asset evolution of landowners at Fazenda São José as a result of the administrative act in question – CCI Ordinance 105/2015". As a result, it was decided to send a copy of the CNJ's decision to the Federal Public Ministry so that the body can take whatever measures it deems appropriate. "CCI Ordinance 105/2015 motivates, causes and promotes the lack of control of real estate records in the region, as well as favors the establishment of a patrimonial framework that is not compatible with the ownership chain of properties, in clear disagreement with the legal system", he concluded the counselor.
The thesis was accepted by the approved vote of counselor Maria Tereza Uille Gomes, followed by the majority of the board. Only the reporting advisor, Humberto Martins, was defeated. According to Maria Gomes, "the judicialization of the matter cannot prevent the intervention of the CNJ on the one hand, and admit the unrestricted action of the Court, on the other. Nor can it enable the issuance of an administrative act with the deliberate Exit Mobile Number List purpose of canceling enrollments and deconstitute titles in force for more than three decades". Based on the evidence in the case file, the counselor highlighted that the TJ-BA ordinance did not consider the legal actions being processed against Fazenda São José (owned by José Valter Dias), it disregarded the time between the opening of property registrations and the determination of cancel them, in addition to ignoring the possible fulfillment of adverse possession requirements and violating the principles of contradictory and broad defense.
For these reasons, with due respect to those who may understand differently, I have to restore order by the National Council of Justice to honor the principles of efficiency and legal security, avoid interference in judicial activity and eliminate the risk of decisions conflicts between the administrative and judicial spheres, it is a measure that is necessary", stated the counselor when considering the request to annul the TJ-BA ordinance to be valid. Decision to the MP In the same decision, counselor Maria Tereza Uille Gomes highlighted the "sharp asset evolution of landowners at Fazenda São José as a result of the administrative act in question – CCI Ordinance 105/2015". As a result, it was decided to send a copy of the CNJ's decision to the Federal Public Ministry so that the body can take whatever measures it deems appropriate. "CCI Ordinance 105/2015 motivates, causes and promotes the lack of control of real estate records in the region, as well as favors the establishment of a patrimonial framework that is not compatible with the ownership chain of properties, in clear disagreement with the legal system", he concluded the counselor.