MPF back asking interruption hydroelectric feasibility studies in the Tapajos

MPF back asking interruption hydroelectric feasibility studies in the Tapajos

5/22/2013-7:56 pm

Nacional

Alex Rodrigues Brazil Agency Reporter

 

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Brasilia-the Federal Public Ministry (MPF) returned to ask the Justice that determine the interruption of studies on the water potential of the Tapajós River, the environmental licensing process of São Luiz do Tapajós and others that will be built in the West of Pará to form the Tapajós hydroelectric complex.

Although the initiative was not disclosed today (22), the appeal was presented to the Superior Court of Justice (STJ) on March 6, by Assistant Attorney General Augusto Aras, which asks for review of a decision of the President of the Court, Minister Felix Fischer.

On April 22, the Minister suspended an injunction granted by the Federal Regional Court of the 1st region (TRF1), halting the environmental licensing process of the power plant, until the merits of the first action filed by MPF was judged.

At the time, Fischer justified the decision by arguing that keep the stoppage represented a serious risk of harm to public order, since the disruption of strategic planning of the Government in relation to energy sector development policies could undermine the provision of public services, affecting the public interest, to prevent the expansion of industry and undermine the country’s economic growth.

The Minister also held that the interruption would mean wastage of public money, more than $ 10 million had been spent to move the technicians responsible for studies, which can only be performed in full period. To Felix Fischer, the consultations with the affected communities about the project-one of the requirements for the MPF to require the interruption of proceedings – is mandatory before the start of the execution of the works which may affect the communities involved, but not during the embryonic stage.

The new feature, the MPF requests that, if the decision to Fischer is held, the request is forwarded to the Special Court of the Supreme Court.

To the Assistant Attorney Ahmed Aras, the execution of feasibility studies at the same time the process of consultation with indigenous communities is an attempt to perform, “hasty and disorganized manner”, the public hearings required by Convention 169 of the International Labour Organization (ILO).

The Brazil is signatory to the international standard, approved by the National Congress in June 20, 2002, in the form of Decree No. 143, promulgated by the Presidency of the Republic in April 19, 2004. Among other things, the Convention establishes that indigenous peoples and those who are governed wholly or partially by their own customs and traditions or by special legislation, should be consulted whenever legislative or administrative measures that affect their interests. The Convention determines that the query must be made “through appropriate procedures” and through their representative institutions, “with the goal of reaching an agreement and get the consent of the proposed measures”.

For the MPF, the consultation of indigenous peoples should be made prior to the execution of the project and not in the research phase, as authorized the SUPREME COURT. “That’s because the ticket on Indian land, without prior consultation, whether by private individuals or State agents, with a reasonable time period for stay and play activities that alter the environmental balance, interferes directly in the routine of the Indians, going so far as to set up, in some cases, a real aggression” says Aras, author of regimental further requesting the reconsideration of the decision of the Supreme Court.

Editing: Nadia Franco

2 thoughts on “MPF back asking interruption hydroelectric feasibility studies in the Tapajos

  1. What you published made a lot of sense. However,
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    feasibility studies in the Tapajos | Indigenous
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  2. this is a repost of brazil news ~AS IS ~translated for your convenience and urgent attention to a world issue.

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