AGU questions judgment about the plant of Belo Monte~August 24, 2012

STF News Friday, August 24, 2012

AGU questions judgment about the plant of Belo Monte

Advocacy-Geral da União (AGU) filed in the Supreme Court (STF) a complaint (RCL 14404), with request for anticipation of guardianship, against the decision of the Fifth Chamber of the Federal Regional Court 1st region (TRF-1). The judgment questioned prevented the Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis (Ibama) practicing any licensing Act of the Belo Monte hydroelectric power plant, in the State of Pará, in addition to making insubsistentes the acts already committed, determining the immediate stoppage of activities necessary for the implementation of the project.

The decision of the Supreme trial of 125, suspension Injunction as AGU, would be being disrespected. In that decision, the Court Presidency kept the Legislative Decree 788/2005 and authorized to undertake lbama “hearing of interested indigenous communities”, in addition to maintaining the determination to carry out the environmental impact assessment (EIA) and the anthropological report in order to allow the acts necessary for the viability of the enterprise.

According to AGU, the decision of the TRF-1 declared the nullity of Legislative Decree No. 788/2005 for violation of Convention 169 of the International Labour Organization (ILO), and the Federal Constitution, as well as to prevent the Ibama practicing any licensing Act of the Belo Monte hydroelectric plant. “So, such judgment of TRF-1 break what was established in the judgment in the Supreme Court, whose effects will stand up to the transit in” rem judicata “of the main proceedings, as required by § 9°, art. 4° of the law n° 8,437/92 “, underscores the AGU.

History

Federal prosecutors filed a public civil action in order to paralyze the administrative activities related to the process of licensing of the Belo Monte HYDROELECTRIC PLANT, on the basis of the alleged nullity of Legislative Decree No. 788/20052, the existence, in theory, formal and material defects. However, the federal judge of single stick of Altamira (PA) dismissed the request.

The MPF has lodged appeal, but the Fifth Chamber of the Federal Regional Court 1st region denied his appointment, “understanding there are vices that maculem the legality and constitutionality of Legislative Decree No. 788/2005 authorising the Belo Monte hydroelectric”. After this, the MPF presented another resource (arms embargoes Declaration) and, in this analysis, the TRF-1 declared the nullity of Legislative Decree No. 788/2005, by violation of ILO Convention 169 and the Federal Constitution. Decided to also prevent the Ibama practicing any licensing Act of the Belo Monte HYDROELECTRIC PLANT, as well as make insubsistentes the already practiced and gave immediate effectiveness to your decision, ordering the suspension of the venture.

Request

According to AGU, the fulfilment of the Act claimed “is about to derail the venture, which now depends on the planning of the country’s energy policy”. “The consequences of such prohibition is incalculable for any licensing Act of the Belo Monte hydroelectric plant by the Ibama in Government schedule of strategic planning of the country’s electricity sector,” he says.

In addition, asserts that in addition to disregard Supreme decision, the decision of the TRF-1 “invade the sphere of administrative discretion and is reflected in the formulation and implementation of national energy policy”. So asks, outright, the suspension of the validity of the judgment of the Fifth Chamber of the Federal Regional Court 1st region (TRF-1) in order to avoid irreparable damage to public assets and, on merit, requests the annulment of the decision questioned by disregarding the authority of the decision by the SUPREME COURT in the trial of the suspension Injunction 125.

EC/AD

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