MPF gives opinion contrary to resumption of construction of the Belo Monte plant

8/27/2012 2:40 pm -updated 2:40 pm 8/27/2012

MPF gives opinion contrary to resumption of construction of the Belo Monte plant

Construction of hydroelectric power is stopped since August 14 by decision of TRF-1. On appeal, AGU stated that outage affect energy policy.
Mariana Oliveira e Cadastro The G1, in Brasilia

The Federal Prosecutor’s Office presented an opinion of the Supreme Court (STF) on Monday (27) in which claims to be contrary to the request of the federal Government for the resumption of construction of the Belo Monte hydroelectric plant, at para. The outage was determined on 14 August by the Federal Regional Court 1st region.
The judge of the TRF-1 Souza Prudent understood that the indigenous peoples of the region would have to be consulted on the plant’s construction. Last week, the Attorney-General of the Union (AGU) appealed to the SUPREME COURT which said that the stoppage of work causes damage to the Brazilian economy and the country’s energy policy.
Last Friday (24), the President of the Supreme, Minister Carlos Ayres Britto, Rapporteur of the resource of the Government, gave time for the Public Ministry manifested before taking a decision.
Learn moreJustice determines the suspension of works of Belo Monte See all G1 series reports on the plant of Belo Monte
The opinion, signed by the Prosecutor General of the Republic, Roberto Gurgel, and by Deputy Attorney General Deborah Duprat, says that Congress can still perform the consultation of indigenous peoples.
“The granting of injunction postulated would condemn the indigenous peoples made by the Belo Monte HYDROELECTRIC PLANT to a fait accompli. There is still time for the National Congress promotes hearing of these communities and act appropriately, “says the opinion.
According to prosecutors, the prior consultation with indigenous peoples “is also a general principle of international law”. “Brazil is bound to this international order of human rights protection by virtue of a decision of its own Constitution, which stipulates that the State will be governed in its international relations based on the principle of the prevalence of these rights.”
The opinion CITES studies that indicate damage to the peoples of the region and claims that the work “affect so significantly indigenous peoples located in particular in Volta Grande do Xingu”.
“The consultation with indigenous peoples, with regard to legislative and administrative measures that may affect them, is necessary and logical consequence its self-determination, namely, the possibility of tracing for you, free of interference from third parties, their life projects”, say prosecutors.
Resource In the appeal against the decision of the judge, the Attorney General, Luis Inacio Adams, asked to be suspended, by injunction (provisional), the effectiveness of the decision of the TRF-1, “to avoid irreparable damage to public assets.”
“In order to avoid the occurrence of damage huge and irreparable damage to public assets, administrative order, the economic order, and the Brazilian energy policy, the Union immediately requires […] be suspended outright the effectiveness of the judgment “, says the text.
According to AGU, the decision of the TRF “disrespects” the previous decision of the Supreme Court that held that the granting of authorization for construction starts not injured the Constitution.
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 $ 25 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.
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