TJAP orders repossession of Fazenda Santa Cruz area for Amcel

The Single Chamber of the Court of Justice of Amapá (TJAP) has overturned a previous ruling to grant Amapá Florestal e Celulose S.A. (Amcel) the repossession of a 4.45-hectare area within Fazenda Santa Cruz.

Relator Alaíde de Paula noted that the lower court's decision had relied on an incorrect premise regarding possession. While the initial sentence denied the repossession, expert reports and previous rulings had identified Amcel as the possessor of the land. The court clarified that in legal reserve areas, possession is demonstrated through environmental conservation and surveillance rather than economic exploitation. Evidence presented included reports of environmental recovery from 2017 and 2018.

The court established a 30-day period for the voluntary departure of current occupants. However, the repossession is limited to the effectively occupied area, and the court made provisions to protect the subsistence extraction activities of local riverside families.