CANASTRA: Justice and Reconciliation
The Canastra: Justice and Reconciliation Project was born from the need to reach for a consensual way to solve a conflict which has been generating claims in Federal Justice for thirty eight years: the creation of Serra da Canastra National Park.
1. Origins
The Serra da Canastra National Park is under the jurisdiction of the Federal Court of Passos – MG. In that court there exist tens of actions (environmental, criminal, damages...) stemming from the conflict underlying the creation of that park.
After carefully examining all actions; the history of the cases that have been already decided; and the factual situation through judicial inspections in loco and the study of the park’s legal and theoretical frame, it has been found that the conventional judicial way would not be capable of reaching a satisfactory solution, for all interests under conflict – environmental, social, cultural and economic – are now living a situation of uncertainty and lack of juridical stability.
Considering the high level of complexity of this conflict, historical and theoretical support has been searched for in order to ground the work. Among existing studies, four have been of special value :
a- Serra da Canastra National Park legal grounds and framework;
b- Masters thesis: "Entre a regulação e a emancipação social: desafios à continuidade do lugar frente ao Parque Nacional da Serra da Canastra – MG" - Vanessa Samora Fernandes – Sociologia – UFMG “
c- Masters thesis: "A regularização fundiária no Parque Nacional da Serra da Canastra e a expropriação camponesa: da baioneta à ponta da caneta." Gustavo Cepolini Ferreira – Geografia – USP
d- And last, for its high theoretical density and great practical guidance, the book "Designing Systems and Processes for Managing Disputes"- Professors ROGERS, BORDONE, SANDER E McEWEN – HARVARD UNIVERSITY – USA.
2. Step-by-step
From the workflow suggested by the American Professors, adapted to the frame from the National Justice Council Resolution number 125/10, the following steps have been already taken :
.Design initiative – it started from the moment it was clear that the judicial conventional way would not fit. It departs from the theoretical and practical thinking over the issue and an evaluation of the need and utility of a new system based on consensus.
.Basic planning – diagnosing and assessing stakeholders, goals, interests and contexts.
.Key subjects treatment – selecting, engaging and preparing the participants for a search for justice, safety, change and understanding.
.The selection of the stakholders has followed the criteria suggested by professors ROGERS, BORDONE, SANDER and McEWEN . Persons should come :
- Because they are key stakeholders ;
-Because they will be part of implementation ;
- Because they might block the outcome otherwise ;
-Because they have ideas sor expertise ;
-Because others will respect the outcome if they support it.
. (ROGERS, Nancy; BORDONE, Robert C.; SANDER, Frank E.A.; McEWEN, Craig A. Designing Systems and Processes for Managing Disputes. Nova Iorque: Wolters Kluwer Law and Business, 2013, p.373.)
3. Specific measures
Following the principles above, preliminary measures have been taken in order to secure an effective, just and sincere conciliation. Among them are :
- Meetings at the First Region Federal Court (Federal Supreme Court to fourteen Brazilian states) ;
- Meetings with all the stakeholders ;
- Calling the Public Defender, in order to re-establish the dialectical balance and provide legal council to the poor stakeholders (traditional farmers and miners) ;
- Inviting the Brazil Lawyers Association (Brazilian BAR) ;
- Contacts with universities and schools ;
- Support of Federal Judges Associations ;
- Creation of a logo, giving the project a visual identity.
MEETINGS and TALKS
- Justices from the Federal Supreme Court – First Region
- Federal Prosecutor
- Federal Public Defender
- President of ICMBio (federal agency responsible for the park)
- Brazil’s Attorney General
- Federal Attorney General’s Office - Head Lawyer
- Brazilian BAR Association
- Congressmen (authors of the Bill)
-Community leaders – farmers
-Community leaders – miners
-Owner of the diamond fields
-Park’s Consultive Council
-Presidents of the Federal Judges Associations
The Project...
