Flávio Dino Orders Suspension of Mato Grosso Law Punishing 'Invaders' of Private Lands
Justice Minister Determines Immediate Suspension of Law Considered Unconstitutional
Controversial Legislation Outlawed Occupation of Rural Properties, Even in Cases of Historical Possession
On March 8, 2023, Justice Minister Flávio Dino ordered the immediate suspension of a law passed by the Mato Grosso state legislature that criminalized the occupation of rural properties, even in cases where the occupants had historically possessed the land.
The law, known as Law 11.569/23, had been widely criticized by human rights groups and land reform advocates, who argued that it violated the Brazilian Constitution and would lead to the forced eviction of thousands of families from their homes.
In his decision, Minister Dino cited the "evident unconstitutionality" of the law, which he said violated the right to property, the right to housing, and the principle of non-retroactivity.
Law Deemed Unconstitutional for Targeting Historical Occupants
One of the most controversial aspects of Law 11.569/23 was its provision criminalizing the occupation of rural properties, even in cases where the occupants had historically possessed the land.
This provision was seen as a direct attack on the rights of traditional communities, such as indigenous peoples and quilombolas (descendants of escaped slaves), who often occupy land without formal titles.
In his decision, Minister Dino emphasized that the Brazilian Constitution protects the rights of traditional communities to their ancestral lands, regardless of whether they have formal titles.
Law Seen as Part of Broader Attack on Land Rights
Law 11.569/23 is part of a broader attack on land rights in Brazil under the administration of President Jair Bolsonaro.
Since taking office in 2019, Bolsonaro has repeatedly sought to weaken environmental protections and open up indigenous lands to mining and other commercial activities.
Critics say that these policies are designed to benefit agribusiness and other powerful economic interests at the expense of the environment and the rights of traditional communities.
Suspension of Law Welcomed by Human Rights Groups
The suspension of Law 11.569/23 has been welcomed by human rights groups and land reform advocates.
They say that the law would have had a devastating impact on the lives of thousands of families and would have further eroded the rights of traditional communities.
The suspension of the law is a victory for the rule of law and for the rights of the most vulnerable people in our society.
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