Company suspends construction of Belo Monte
Company suspends construction of Belo Monte
The suspension was announced by Northern Energy on Thursday (23). The company says it will appeal the decision.
The G1 PA
The North company, integrating the Energy Consortium constructor of Belo Monte (CCBM) suspended, this Thursday (23), the execution of civil works of the Belo Monte hydroelectric plant, at para.
In a statement, the company said the suspension follows the determination of the Federal Regional Court 1st region, published on the last day August 14.
The company informed that is taking all appropriate measures to reverse the decision of TRF1, and he expects to resume its activities as soon as possible.
Understand the case The 5th Class of the Federal Regional Court 1st region (TRF1) determined the suspension of the construction of the Belo Monte hydroelectric plant, in Pará, on 13 August, under penalty of daily fine of R $ 500 thousand. The decision was taken in response to an appeal moved by Federal prosecutors, who claimed that the Indians who live on site affected by the construction of the power plant had not been properly consulted on the plant’s construction, which can bring impacts for the region’s traditional communities.
8/14/2012 04:04 pm -updated 06:00 pm 8/14/2012
Justice determines the suspension of works of Belo Monte
Decision was taken by the Federal Regional Court 1st region (TRF1). MP argues that Indians had to be heard before the start of the work.
Maria Angelica OliveiraThe G1, in Brasilia
The Tribunal Regional Federal da 1ª Região (TRF1) ordered the immediate suspension of the construction of the Belo Monte hydroelectric plant, in Pará, under penalty of daily fine of R $ 500 thousand.
The decision was taken on Monday (13) by the 5th Class of the Court in response to an appeal of the Federal Public Ministry (MPF).
The Northern Consortium, responsible for the work of the Energy plant of Belo Monte, reported that has not yet been notified of the decision of the TRF and that will only manifest itself on the matter in court.
Appeal to the Federal Supreme Court (STF). The consortium responsible for the work must be notified of the decision to halt the works until Thursday (16), according to the TRF.
In November last year, the Court had denied the request of Federal prosecutors to annul Legislative Decree, which authorized the installation 788 dam in 2005.
The Prosecutor claimed that the Indians who live on site should have been heard by Congress before the adoption of the Decree.
On the negative of Justice, MPF appealed, using as a basis the Convention 169 of the International Labour Organization (ILO). The Convention deals with the right to consultation of indigenous and tribal peoples to legislative measures which may affect their rights.
“The Government should require in the form of the law, for installation of artwork, preliminary study of environmental impact. Is not posthumous study. The Congress determined posthumous study and does not advance. This is the first mistaken premise of this Legislative Decree, “explained judge Souza Prudent, TRF, in an interview this Tuesday (14).
The Congress had to authorise the construction of Belo Monte through legislative decree because it was work on indigenous land-this, according to the judge, it is a requirement provided for in the Constitution.
For him, the Congress has determined a “poor hearing, worthless through Ibama [Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis], just to communicate, in the style of the work of James Cameron’s ‘ Avatar ‘. Congress used an authoritarian instrument “.
In addition to the ILO Convention, the judicial decision taken on the basis of article of the Constitution which says that the research and the exploitation of indigenous lands can only be made by consulting the people.
According to the judge, the works of Belo Monte will only be resumed after the Congress consult communities. He clarified that the opinions of indigenous-whatever-have legal validity and should be taken into consideration for the continuity of works.
“The Congress has to take into account decisions of the indigenous community. The legislature cannot make decision without knowing the effects of this decision. Only Congress can authorize whether indigenous communities allow, “he said.
There is, however, on how to perform the query-for example, how many indigenous people should be heard, how and when.
Understand the case The Belo Monte hydroelectric power plant is being built in the Xingu River, in Altamira, southwest of Pará State, with an estimated cost of $ 19 billion.
The project has great opposition from environmentalists, who believe that the impacts to the environment and the traditional communities of the region, as indigenous and Riverside, will be irreversible.
The work also faces criticism of the Federal Public Ministry of the State of Pará, who claims that the compensation offered to those affected by the work are not being made due, which could generate a social problem in the region of the Xingu.