#PEC65Não: opinion of new Rapporteur on CCJ asks Senate rejection of the proposal
Report by Senator Randolfe Rodrigues is on the agenda of the CCJ Wednesday, 15
The Rapporteur of the proposed constitutional amendment n° 65/2012, which aims to overthrow the environmental licensing, Senator Randolfe Rodrigues, presented a report to the Committee on Constitution and Justice (CCJ) the Senate rejection of the project. The PEC is on the agenda of the next session of the CCJ scheduled for this Wednesday, June 15.
In his report, Randolfe Rodrigues argues that the PEC is unconstitutional for violating the fundamental right to an ecologically balanced environment and offends the immutable clauses of the Constitution of 1988, in particular fundamental rights and guarantees, and also the separation of powers, in addition to violating constitutional principles of popular participation, information and caution and offends the principle of inafastabilidade of jurisdiction.
Raldolfe still clarifies that there is contradiction between the menu of the PEC and the drafting proposal for paragraph. While, according to the menu, the PEC aims to ensure the continuity of public works after the granting of an environmental license, the drafting proposal for paragraph reports that the SGP ensures the continuity of the work by the simple presentation of environmental impact assessment (EIA), and not the grant of license.
“Furthermore, the prediction that the work may not be suspended or cancelled for the same reasons except in the face of prevailing fact prevents the question of vices or flaws in the environmental licensing or on presentation of the environmental impact assessment, administrative and judicial measures. Such forecast hurts the fundamental constitutional right to access to justice, in offense the principle of inafastabilidade of jurisdiction, expressed in subparagraph XXXV of the art. 5 of Magna Carta, “according to the opinion. Randolfe also asks the rejection amendment tabled by Senator licensed Blairo Maggi, that “supplies the vices of unconstitutionality”.
The Senator CITES in his report of the Federal Public Prosecutor’s Office, through the Working Group technical note Intercameral large enterprises (Chambers of the environment and Cultural heritage, indigenous peoples and traditional communities and Federal Public Prosecutor’s Office of citizen’s Rights), “with robust fundamentals for the unconstitutionality of the proposal”.
“We hope that this report will be approved so that we can bury for good the PEC 65 and turn our attention to other projects in process that threaten the environmental licensing, “said the Coordinator of the large enterprises, public prosecutor Felipe Bogado.
For the proposal to be rejected, the report needs the vote of 2/3 of the Commission, made up of 27 senators. In this case, the PEC will be filed. Otherwise will be chosen a new rapporteur, who will present new look.
PEC 153 – in the same report, Randolfe asks the approval of the proposed constitutional amendment 153/2015, which is being dealt with in conjunction with the PEC 65. The PEC 153 includes among the duties of public authorities promote environmental practices and adopt sustainability criteria, in their plans, programs, projects and work processes, as well as in the acquisition of goods and services and works.
also see the pdf proposal complete
Secretariat of Social Communication
Attorney General of the Republic