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BackTocantins court orders unblocking access to Cachoeira do Catoá in Paranã
Tocantins court orders unblocking access to Cachoeira do Catoá in Paranã
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G12 days agoLaw2 min readBrazilView original

Tocantins court orders unblocking access to Cachoeira do Catoá in Paranã

Quick Look

  • The Tocantins Court ordered the unblocking of access to Cachoeira do Catoá, in Paranã, after the owner of a neighboring area blocked the path with chains and padlocks.
  • The preliminary decision gives a period of five days for compliance, with a daily fine of R$500, limited to R$50 thousand, and prohibits commercial activities on the site.
  • The dispute involves quilombola residents who have claimed usucaption of the area for more than 30 years.

AI-generated summary

Why It Matters

The dispute over access to Cachoeira do Catoá involves quilombola residents of the region who claim to have cared for the site for more than 30 years and filed a adverse possession action against the owners of the neighboring Fazenda Santana, after blocking access with chains and padlocks in 2023.

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The Tocantins Court ordered that access to Cachoeira do Catoá, in Paranã, be unobstructed to guarantee the passage of residents and tourists. The preliminary decision responds to a request from the local community after the owner of a neighboring area blocked the path with chains and padlocks.

Judge Frederico Paiva gave a period of five days, from the date of the summons, to comply with the order. In case of non-compliance, a daily fine of R$500 was established, limited to R$50 thousand. The decision also prohibits the owners of the access site from carrying out commercial activities related to the waterfall.

g1 tried to contact the defense of the owners of the access area, defendants in the case, but did not receive a response until the last update of this report.

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The dispute involves quilombola residents of the region and the ownership of the Catoá Farm area. According to the residents' defense, they have been taking care of the place for over 30 years and have filed a adverse possession action against the owners of the neighboring farm.

"Some people bought the neighboring farm in 2013 and, when they went to do the georeferencing in 2023, they discovered that 38 hectares, precisely the area surrounding the waterfall, was registered at Fazenda Santana. Then we filed a adverse possession action, because they prohibited my clients from entering the region", explained lawyer Hidekazu Oliveira.

Waterfall impresses with wells of different temperatures and a 70-meter drop — Photo: Reproduction/Canal Cine Outdoor

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After the Court granted an initial decision ensuring ownership of the property to residents, the access gate to Fazenda Santana was locked with chains and padlocks. According to the lawsuit, the route is considered the oldest and most accessible route to reach the waterfall and has been used for decades by local guides, vans and tourists.

According to the decision, the blockade affected the economy and tourism in Povoado Campo Alegre and Paranã. Merchants signed a petition against the blockade, which also led to a public demonstration by governor Wanderlei Barbosa. "I saw an urgent need here. It's an important potential for the entire region [...] But I don't want Cachoeira do Catoá closed. I want it to stay open", he stated in a video published on social media.

Based on the evidence presented in the case, the judge considered the right of continuous passage, provided for in the decision, as a basis for preventing the blocking of a path historically used by the population.

Destination in Paranã offers an experience between hot and cold waters in a setting of 70 meters of falls — Photo: Reproduction/Instagram of Cachoeira do Catoá

See more news from the region on g1 Tocantins.

What to Watch

AI outlook — possibilities, not facts

  • The owners of Fazenda Santana will appeal the preliminary decision within the legal deadline.

    Likely · Within weeks

  • The adverse possession action brought by quilombola residents will have a favorable outcome due to the proven historical use of the area.

    Possible · Within months

Open Questions

  • What will be the outcome of the adverse possession action brought by the residents?
  • Will the owners of Fazenda Santana appeal the preliminary decision?
  • How will compliance with the clearance order be monitored within the five-day period?

Related Topics

This article was originally published by G1.

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