Combate a grilagem de terras na Amazônia: o papel do Poder Judiciário

The report analyzes how the Brazilian Judiciary can combat land grabbing in the Amazon through two primary functions: the administrative control of land registries and the judicial resolution of possessory actions. Using Pará as a case study, it highlights the effectiveness of administrative cancellations of fraudulent titles but notes a lack of transparency in data and a failure to coordinate with the Executive branch for land restitution. The document also critiques the prevalence of a 'civilist' view of possession in courts, which often ignores the specificities of agrarian and ethnic possession, potentially legitimizing illegal occupations. It concludes by examining strategic litigation, including climate damage claims and the protection of conservation units, as tools to deter land grabbing.

• The Judiciary has a critical role in combating land grabbing through its administrative power to regulate and cancel rural property records obtained via fraud or illegal means, particularly in Amazonian states.
• In Pará, the Court of Justice (TJPA) has successfully implemented mass cancellations of irregular records, but there is a significant lack of transparency regarding the volume and location of these cancellations, which hinders public oversight.
• Judicial cancellations of fraudulent titles are insufficient if the Executive branch does not subsequently reclaim and designate the land according to constitutional priorities.
• Courts in the Amazon, specifically the TJPA, often apply a 'civilist' view of possession that is unsuitable for rural public lands, which can inadvertently legitimize land grabbing by ignoring agrarian and constitutional law.
• There is a critical misalignment between land and environmental registries; the Rural Environmental Registry (CAR) often remains active even after a property title is cancelled, allowing illegal occupants to maintain economic activities and access credit.
• The Judiciary provides less protection for the collective possessions of quilombola communities compared to indigenous peoples, often failing to suspend evictions while land demarcation processes are ongoing.
• Strategic litigation is emerging as a tool to deter land grabbing, including the 'Amazônia Protege' project by the MPF and a pilot action by Ibama seeking R$ 292 million for 'climate damage' caused by illegal deforestation.
• The Court of Justice of Rondônia established an important precedent by ruling that the reduction of Conservation Units (UCs) is unconstitutional if not supported by technical studies, preventing the legalization of land grabbing through legislative changes.

APA

Climate Policy Initiative (2023). Combate a grilagem de terras na Amazônia: o papel do Poder Judiciário. https://www.climatepolicyinitiative.org/pt-br/publication/combate-a-grilagem-de-terras-na-amazonia-o-papel-do-poder-judiciario/

Chicago

Climate Policy Initiative. Combate a grilagem de terras na Amazônia: o papel do Poder Judiciário. 2023. https://www.climatepolicyinitiative.org/pt-br/publication/combate-a-grilagem-de-terras-na-amazonia-o-papel-do-poder-judiciario/.

Wikipedia

{{cite report |author=Climate Policy Initiative |title=Combate a grilagem de terras na Amazônia: o papel do Poder Judiciário |date=19 October 2023 |url=https://www.climatepolicyinitiative.org/pt-br/publication/combate-a-grilagem-de-terras-na-amazonia-o-papel-do-poder-judiciario/ |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{climatepolicyinitiative2023combate, author = {{Climate Policy Initiative}}, title = {{Combate a grilagem de terras na Amazônia: o papel do Poder Judiciário}}, institution = {Climate Policy Initiative}, year = {2023}, month = oct, url = {https://www.climatepolicyinitiative.org/pt-br/publication/combate-a-grilagem-de-terras-na-amazonia-o-papel-do-poder-judiciario/}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }