Notícias STF :: STF – Supremo Tribunal Federal~Belo Monte

Monday, August 27, 2012

Belo Monte: Minister Ayres Britto grants the injunction requested by AGU …

The President of the Supreme Court, Minister Ayres Britto, granted today (27) application for injunction made by the Advocacy-Geral da União (AGU) and suspended the decision of the Federal Regional Court 1st region (TRF-1), the judge declaring embargoes, ordered the stoppage of activities in Belo Monte hydroelectric power plant, in Pará, and prevented the Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis (Ibama) practicing any licensing Act of the power plant. The Minister considered “apparent plausibility order legal” AGU in the complaint (RCL 14404), in which it was required the injunction.
In the complaint, the AGU, on behalf of the Union and of Ibama, contends that the last decision of the TRF disregarded the authority of the SUPREME COURT in the trial of the suspension Injunction (SL) 125. In it, the then President of STF, Minister Ellen Gracie (retired), authorized the Ibama to hear indigenous communities concerned, in addition to maintaining the determination to carry out environmental impact assessment (EIA) and the anthropological report in order to allow the acts necessary for the viability of the enterprise. This decision, noted the Minister Ayres Britto, “shall remain in force until the decision on the merits in the main action”.
He explained that, in SL 125, which was under discussion was the interpretation of paragraph 3 of article 231 of the Federal Constitution: If the audience of “communities” should precede the National Congress authorization for the use of water resources in indigenous lands or if, on the contrary, Parliament’s authorization is the previous step to the licensing process. Although the examination of SL 125 has not entered the merits of the case, the Minister Ellen Gracie, “in honor of the public economy and order authorized the performance of Ibama and the other bodies responsible for the continuity of the environmental licensing process of the work, nevertheless continue to exist the pending lawsuit”.
In the trial of arms embargoes Declaration, however, the TRF decided to the contrary, forbidding the Ibama to practice the administrative acts relating to licensing and invalidating those already practiced. To determine the subpoena of Ibama President “for the purposes of immediate fulfilment”, the judgment of the TRF “violated, in this provisional judgment, the authority of the decision of the Supreme Court in SL 125”, he concluded.
The injunction granted suspends the effects of the judgment of the TRF of 1st region in Embargoes in civil appeal No. 2006.39.03.000711-8, without prejudice to a more “held judgement of merit analysis when”.
Read the full text of the decision .
Read more:
8/24/2012- AGU questions judgment about the plant of Belo Monte
3/28/2007- full text of the decision of the Minister Ellen Gracie in action on Plant of Belo Monte

See More

Notícias STF :: STF – Supremo Tribunal Federal
STF – Supremo Tribunal Federal

One thought on “Notícias STF :: STF – Supremo Tribunal Federal~Belo Monte

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