TRF1 on Belo Monte: “we cannot admit a Congressional Act on the democratic State of law that is an act of dictatorship”

 

TRF1 on Belo Monte: “we cannot admit a Congressional Act on the democratic State of law that is an act of dictatorship”

Norte Energia already paralyzed the civil works. The judgment with the order for indigenous consultations was released today

Norte Energia s.a., responsible for the construction of the Belo Monte plant, paralyzed today the civil works in Altamira and Vitória do Xingu, after receiving the judgment of the Fifth Chamber of the Federal Regional Court 1st region, which determined the outage. The decision met the request of the Federal prosecutors in Pará and annulled Legislative Decree 788/2005 and all licenses granted by Ibama for the venture.
For the 5th class of TRF1, formed by judges Antonio Souza prudent, John the Baptist Moreira and Selene Almeida, the decree which authorized the Belo Monte dam could only have been approved by the National Congress after the environmental impact studies and indigenous consultations. They consider that, by ILO Convention 169 and the Brazilian Constitution, the Indians have the right to exercise democratic participation and decide in advance about their fate and that of future generations.
“Will only be possible to the National Congress to authorize the project Belo Monte, consulted prior indigenous communities, on of the elements collected in the study of environmental impact and its concluding report, because, otherwise, the letter of the Constitution is a dead letter, is a make-believe. We cannot admit a Congressional Act on the democratic State of law that is an act of authoritarian dictatorship, an Act, an act that imposes a system of indigenous communities “, says the vote the rapporteur Antonio Souza prudent, accepted unanimously by the 5th class.
For the Court, Belo Monte will cause “direct interference in existential minimum indigenous communities-ecological, with negative and irreversible consequences for their quality of life and cultural heritage”. Therefore, the debate on the indigenous consultation on Belo Monte overlaps any other interests of economic and political, “is a matter which goes beyond the mere individual interests and parties directly affects the interest of the community as a whole”.
“While it may be here preaching in the desert, I cannot fail to mention that maybe we are, in the case of the Belo Monte dam, just before the first construction of a large plant, with immense potential impact on the environment, and that affect indigenous and riverine and eventually other traditional peoples that are not mentioned in the records. Cannot get wrong, “said the senior judge Selene Abdullah in his vote.
“Our five hundred years of errors in relation to dealing with indigenous peoples no longer justified in the light of international human rights law and of social conscience and ethics that this country has acquired, especially after the democratization,” he added. The Ambassador Selene Almeida questioned the energy sector planning: “If the State knows, a priori, what are the locations of possible construction, there is no reason for improvisation that now assists in the subject of prior consultation of indigenous peoples in relation to the works that will affect a permanent, irreversible”
Judge John the Baptist Moreira said that what the Ibama, Funai and the Union have been claiming to be indigenous consultations were not process information to communities. “These were not heard, but just heard what the servers of the Executive Branch had to tell them. There was a hearing, but the reverse process, unidirectional, “he said.
Guinnes Book-Contrary to what had set the judge f God in the previous trial in the same case, the judges said now that the Decree was never considered 788/2005 constitutional by the Supreme Court. In the previous trial, judge f God presented the thesis that a monocrática decision of the then President Ellen Gracie had declared the constitutionality of the Decree.
The judgment denied the thesis f God: only collegiate decision of the absolute majority of the members of the SUPREME COURT can declare the constitutionality. “The Legislative Decree 788/2005 has a very strange history in the annals of the National Congress. Everything indicates that it is a decree ordered to be pushed into his throat to permit deployment of the Belo Monte hydroelectric project “, says the vote de Souza prudent.
At the time of the vote, the then-Senator from Pará, Luiz Otavio fields, came to amaze with the speed of the 788 Decree. “It beats! This story that Belo Monte will solve the blackout, this work is for 10, 15, 20 years. So the reason is not the blackout. It is not possible, in a session as of today, get here of parachute design, and vote on it today. Because it has to be today? In four days! Is world record. For sure this project will for the Guinness Book “, record the session of Congress notes taquigráficas, quoted by the TRF1 in decision that stopped the Belo Monte dam.
Process number 2006.3903.000.711-8
Full judgment
Other excerpts from the decision
Federal prosecutors in Pará Communication advice (91) 3299-3299-0148/0177 ascom@prpa.mpf.gov.br http://www.prpa.mpf.gov.br http://twitter.com/MPF_PA http://www.facebook.com/MPFPara

http://www.prpa.mpf.gov.br/news/2012/trf1-sobre-belo-monte-201cnao-podemos-admitir-um-ato-congressual-no-estado-democratico-de-direito-que-seja-um-ato-de-ditadura201d

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