Brazil – ABRAPO: High Court Upholds Suspension of Eviction Order for Peasants in Rondônia

We hereby share an unofficial translation of a statement published by The Brazilian Association of People’s Lawyers (ABRAPO) on September 25.

TJRO UNANIMOUSLY REJECTS APPEAL BY THE BIG LANDLORDS AND UPHOLDS THE SUSPENSION OF THE EVICTION ORDER AGAINST PEASANTS IN RONDÔNIA

The Rondônia Court of Justice blocks Leme Empreendimentos’ legal challenge and recognizes the need for action by INCRA and the Regional Land Dispute Resolution Commission.

The Gabriel Pimenta Brazilian Association of People’s Lawyers (ABRAPO) is announcing an important victory for the peasant resistance in the Rondônia Judiciary. We have defeated yet another eviction attempt filed by Antônio Martins, alias Galo Velho, through the company Leme Empreendimentos e Participações Ltda., a big landlord company whose name appears in the White Paper on Land Grabbing in Brazil, published by INCRA ⁱ.

In an electronic hearing (session No. 431), the Civil Division of the Court of Justice of Rondônia (TJRO) unanimously dismissed Interlocutory Appeal No. 0808034-34.2026.8.22.0000, filed by the aforementioned company. The ruling was authored by Appellate Judge Raduan Miguel Filho.

The latifundium company sought, at all costs, to overturn the decision of the 2nd Land Dispute Unit of Porto Velho (Case No. 7030469-20.2020.8.22.0001) in order to immediately carry out the forced eviction of the occupying families. The company’s claim was rejected in its entirety by the panel of judges.

Grounds for the Decision

In upholding the suspension of enforcement of the possessory writ, the TJRO established a categorical position on the following points:

INCRA’s jurisdiction and the limits of the state judiciary: The Court expressly held that state jurisdiction cannot override, preempt, or order the termination of an administrative proceeding duly initiated before INCRA.

Reopening of the Regional Land Dispute Resolution Commission: It was recognized that the work of the mediation panel has not been exhausted, and that it is necessary to update the technical and social assessment and the safety conditions in the area.

Prevention of tragedies and irreparable harm: the Court noted the urgent need to prevent acts of violence and damage that would be difficult to reverse, resulting from the forced removal of dozens of peasant families who live and farm on the land.

The struggle for land continues

ABRAPO emphasizes that this judicial decision is not a gracious concession by the Judiciary, but rather the direct result of the determination, organization, and resistance of the peasants in their occupation of the land.

Although the Court noted the temporary nature of the suspension, the halting of the immediate eviction thwarts the company’s desperate offensive and compels federal agrarian agencies to fulfill their role in the social allocation of land. The community legal defense team, working alongside the Rondônia State Public Defender’s Office, will remain on legal and political standby to block any new attack against the families’ land tenure.

LAND TO THOSE WHO LIVE AND WORK ON IT!

DEFENDING THE PEOPLE’S RIGHT TO FIGHT FOR THEIR RIGHTS IS NOT A CRIME!

Gabriel Pimenta Brazilian Association of People’s Lawyers – ABRAPO

iINCRA. The White Paper on Land Grabbing in Brazil. Brasília: INCRA, 1999. Bibliographic record: https://search.worldcat.org/pt/title/livro-branco-da-grilagem-de-terras-no-brasil/oclc/63705722

For more on the scope of the document, see JONES, Alberto da Silva. The White Paper on Land Grabbing in Brazil: Public Recognition of Land Grabbing as a Form of Agrarian Corruption. Jornal Grande Bahia, 2012. Available at: https://jornalgrandebahia.com.br/2012/08/o-livro-branco-da-grilagem-de-terras-no-brasil-reconhecimento-publico-da-grilagem-especializada-da-corrupcao-agraria-por-alberto-da-silva-jones/