A recent ruling by the Federal Justice of Brazil has determined the transfer of an extensive area of the Iguazú National Park, equivalent to more than 1500 soccer fields, from the federal government to the state of Paraná. This decision adds a new chapter to the longstanding legal conflict over this territory.
The current administration, under the concessionaire Urbia Cataratas SA, which manages the operation and tourism of the reserve, argues that the measure responds to economic interests and has announced that they will appeal the decision.
Rights and revenue for Paraná
With the ruling of the Federal Justice, Paraná will also receive a portion of the revenue generated by tourism at the Iguazú Falls, recognized as one of the Seven Natural Wonders of the World and located partially in both Brazil and Argentina.
The decision was issued on February 5 by the Regional Federal Court of the 4th Region (TRF-4). The lawsuit, filed by the federal government in 2018, sought to annul a declaration made by the government of Paraná in the civil registry of Foz do Iguaçu, in which control of the area was attributed. The federal government argued that the 1085 hectares were unoccupied lands, intended for the Union or the federal government.
After the Foz do Iguaçu Court ruled in favor of the federal government, Paraná filed an appeal that brought the legal conflict to the TRF. “The disputed area was granted by the Union to a private individual named Jesús Val in 1910. Nine years later, the State purchased the land from this individual and registered it in the civil registry of Foz do Iguaçu, facts recognized by the TRF judges. It is a great victory for Paraná,” said the prosecutor in charge, Júlio da Costa Aveiro.
Judge Luiz Antonio Bonat, the case’s rapporteur, considered that the area was not vacant “since it was granted by the Ministry of War to Jesús Val in the former Military Colony of Iguazú, and when the area was titled by the private individual, it became part of private property.” The vote was supported by judges João Pedro Gebran Neto and Gisele Lemke.
Debate on the protection of borderlands in Iguazú
The Attorney General’s Office argues that the 1988 Constitution stipulates that “abandoned lands essential for the defense of borders” belong to the federal government. Therefore, “the strip up to one hundred and fifty kilometers wide along land borders, designated as a border strip, is considered fundamental for the defense of national territory.”
In an official statement, the National Park stated that, from a legal standpoint, the decision can be appealed and reviewed, “an issue that must be addressed by the federal government, through the Attorney General’s Office, the Chico Mendes Institute for Biodiversity Conservation (ICMBio), and the Ministry of Environment.”
“The decision favors the state of Paraná, which claims the area. In practice, with the decision, the park’s ticket revenues —currently allocated to ICMBio at 7% of gross revenue— will be returned to the state,” the statement concluded.
*With information from O Globo
Main image: rocharibeiro – Shutterstock
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