PGR denies request for resumption of Belo Monte

 

8/27/2012-17:59

Economy

PGR denies request for resumption of Belo Monte

Attorney General of the Union had requested resumption of works of power plant

Vista aérea do canteiro de obras da usina hidrelétrica de Belo Monte em Altamira, ParáAerial view of the construction of the Belo Monte hydroelectric dam in Altamira, Pará. Work is stalled. (Rodrigo Whale/Folhapress)

The Attorney-General’s Office (PGR) today gave an opinion contrary to a request of the General Law of the Union (AGU), made to the Supreme Court (STF), for the construction of the Belo Monte hydroelectric plant resumption .

In its opinion, the PGR argues that indigenous communities should have been consulted before the legislative decree that authorized the installation of the plant, in 2005, were approved by Congress. The PGR calls for the non-recognition of the claim of the AGU, the rejection of the injunction and the rejection of the request.

“The granting of injunction postulated would condemn the indigenous peoples achieved by Belo Monte a fait accompli. There is still time for the National Congress promotes hearing of these communities and to act accordingly. But, as the project progresses, more remote is that possibility, “says the document, signed by the Attorney General, Roberto Gurgel, and by vice-procuradora, Deborah Duprat.

The PGR also submits that the granting of an injunction to resume the works would have potentially “dramatic effect”, because “If will be weakening, at the same time, the everyday fight for a society in fact plural, and the space of Brazil in the Inter-American system of human rights”

With the manifestation of the Attorney-General of the Republic, it is possible that the President of the STF, Minister Carlos Ayres Britto, review the application for injunction of AGU.

On Friday (24), AGU joined with complaint to the SUPREME COURT to continue the works dam, suspended since Thursday (23) due to a decision of the 5th Class of the Federal Regional Court 1st region (TRF-1).

The AGU claimed that the suspension of works could cause “irreparable damage to public assets.” “The execution of the judgment respondent is about to derail the venture, which now depends on the planning of the country’s energy policy,” says the document.

On 14 August, the 5th class of TRF-1 partial grant decided unanimously to a request from Federal prosecutors in the State of Pará (MPF-PA) and ordered the immediate suspension of the works of Belo Monte, under penalty of daily fine of R $ 500 thousand, until they comply with the provisions of the Constitution and the Convention 169 of the International Labour Organization (ILO).

According to the rapporteur, judge Souza prudent, the Legislative Decree of 2005, approved by Congress and that authorised the implementation of works, not heard prior to the opinion of the indigenous communities of the region.

(State Agency)

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