Sentence rejects request for revocation of the licence of Belo Monte

1/22/2013 11:58 -updated 1/22/2013 11:58

Sentence rejects request for revocation of the licence of Belo Monte

Federal judge considered arguments of MPF inconsistent and “fragile”. The Federal Court of appeal in Brasilia can reverse the decision.

The G1 PA

The Federal Court rejected the request of Federal prosecutors for it to be declared the invalidity of licence issued by the Brazilian Institute of environment and renewable natural resources (Ibama), which enabled the start of construction of the Belo Monte hydroelectric plant, in the region of Xingu, Pará. Still appeal to the Federal Court of the 1st region, in Brasilia.

In a 42-page ruling, signed last Monday (21), federal judge Arthur Patel, the 9th stick, specializing in environmental actions, considered inconsistent the arguments of the MPF and understand that the allegations are not proved illegality or unconstitutionality in the granting of the licence. He qualified “too fragile” the thesis sustained in action, that should be preceded by the deployment of device regulations of the Constitution, which provides for the issue of specific law concerning the use of water resources, when they are affected area located on border tracks or indigenous lands.

In public, the MPF civil action argued that the power plant will directly affect indigenous lands of Paquiçamba, turn Large Macaw and Juruna, since the reduction of the flow of the Xingu River, in a stretch of 100 km, through the construction of canals, will bring considerable decrease of possibility of navigation, fishing and carrying out the rituals of the indigenous communities and riversidesby modifying their traditional way of life.

To reinforce the theory that the venture will affect areas occupied by Indians, the MPF recalled that the Legislative Decree No 788/2005 provides for anthropological study in the area and consultation with affected communities, as well as the content of the EIA/Rima presented by Eletrobras, which explicitly recognises the change in the way of life of indigenous and riverine.

The magistrate recognizes the existence of impacts on indigenous communities exist at the vicinity of the Belo Monte project, but considers that this issue should “be inserted in the wide spectrum of mitigating and compensatory measures which should guide the implementation of the Belo Monte HYDROELECTRIC POWER PLANT”.

In the sentence, Arthur Keys plays excerpt from vote delivered on appeal by the judgment of the Federal Regional Court of the 1st region, to show that there is already precedent recognizing that are valid and appropriate programmes geared towards the protection of indigenous rights in relation to the Belo Monte dam. The conditions under which the project will be developed and implemented are in fact, according to the judge, encompass the broader aspects of security to maintain the way of life of the populations affected by the construction of the hydroelectric plant.

 

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