Federal prosecutors AM denounced Incra for irregularities in access to information in the selection of beneficiaries

The action requires that the Institute obey the Access to Information Act and analyze data of citizens requirements.
12/09/2016 07h27 - Updated 13/09/2016 20h40
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The Federal Public Ministry in the Amazon (MPF / AM) He asked the Federal Justice, through civil action, the National Institute of Colonization and Agrarian Reform (Incra) disclose, on your website, information of public interest relating to the implementation of the National Agrarian Reform Program (PNRA), obeying the Access to Information Act. The MPF / AM also asks Incra be sentenced to analyze the data requirements of citizens for the benefit of agrarian reform so that potential beneficiaries have the opportunity to challenge the outcome of the selection process.

The MPF filed civil investigation into the procedures adopted by Incra in relation to the registration and interested potential beneficiaries of land reform. During the investigation, it was found that the advertising link, provided by Incra, of approved beneficiaries informed by the Institute is unavailable for access, Apart from that the pRNA data in the Amazon are generic and do not expose clearly the potential beneficiaries of the land reform, which violates the right of access to public information and due process.

In analysis of the files forwarded by Incra, MPF considered the analysis of demand process of the Institute as rudimentary, since the list of candidates registered to land reform there is no information on claims, only those relating to the identification, the individual registration (CPF), address and date of application protocol.

Even if the agency has stressed that most of the demands are of capital, that is, made by people who do not have the profile of agrarian reform, the information available does not point procedure introducing evidence to check the profile of the beneficiary and to support the possible rejection or deferral of demand. The act goes against the basic principles of public administration and the potential beneficiaries of the land reform, generating insecurity and hindering social control over the allocation of land.

The lawsuit asks that the site makes available information data related to land reform projects in the Amazon, containing: kind of project; project implementation stage; geographic data (location, area, maps); number of beneficiaries and family of each project; CPF from those contemplated by the Settlement Project; Implementation schedule; data on criteria or studies for the creation of new settlement projects; technical assistance data; waiting list that strive vacancies as settlers; call notices for the occupation of lots within the project and dissemination of records of workers, employers, of employment, aggregates of employments.

Incra should also implement ways for potential beneficiaries of NARP can subscribe by internet, Incra in the advanced units in the state or attending the headquarters of INCRA, In Manaus, for the registration.

Selection process

To become beneficiaries of the agrarian reform, in the current scenario, it is necessary that citizens take possession of a piece of public land, which is configured as a crime in the form of Law 4.947/66, settling on land tenure. Para o MPF, Incra has a passive conduct which is to regularize the land tenure of those who are already occupying land on a temporary basis. According to Incra, the registration of potential beneficiaries of agrarian reform in the Amazon is with the inclusion of families who are already residents of areas recognized, as Conservation Units, Extractive reserve (Resex), Sustainable Development Reserve (RDS) and state and federal forests. Then, they are evaluated.

The manifestations of INCRA, there is no evidence that individual claims brought to the body are subjected to an objective assessment. Consequently, the citizen who seeks the body will never have access to a definitive answer about the possible plot of law, violation of the duty of the administration to decide, by art. 48 of law 9784/99, besides denying the potential beneficiary the opportunity to question the result of the demands of the institute.

undue benefits

of the Comptroller General report (TOS), No. 201408383/2015, He pointed the Settlement Project Rio Juma, not Amazonas, as one of the projects that had the highest number of beneficiaries undue. The same report found that the Regional Superintendent of INCRA in the Amazon was responsible for granting 3.382 improper benefits under the agrarian reform in the state, representing the 7th place among all Brazilian states with the highest number of irregularities in the pRNA.

Para o MPF, the form Incra driving in the selection process of beneficiaries not only limits the land reform possibilities, but also favors fraud and failures that might undermine the purpose of the program, besides fomenting conflicts and significant environmental impacts, contrary to the objective of land reform to promote better distribution of land and equal opportunity access to land, fulfilling its social function.

The civil action ongoing in the 7th Federal Court in Amazonas, under the number 12938-06.2016.4.01.3200.

Source: MPF-AM

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