PGR: resolution that relaxes environmental licensing for agrarian reform settlements is unconstitutional


For Janot, loosening the rules can worsen problem; action is another

initiative of the MPF in favour of environmental licensing

PGR: resolução que flexibiliza licenciamento ambiental para assentamentos de reforma agrária é inconstitucional

Photo: John Américo/Secom/PGR


Following the national mobilization of the Federal Public Ministry (MPF) the effectiveness of environmental licensing and the protection of the environment, the Attorney General of the Republic (PGR), Rodrigo Janot, filed a lawsuit against a resolution that simplified procedures of regularisation in agrarian reform settlement projects. The direct action of Unconstitutionality 5547, offered to the Supreme Court (STF), questioning 458/Resolution 2013 national environmental Council (Conama).

The central argument of the Attorney General of the Republic is that the resolution relaxes overly licensing, require prior licenses, installation and operation, as well as a number of impact studies, essential for environmental protection. In addition to the simplified procedure, the standard fragments the licensing for each activity and development of the settlement, failing to consider it only. With that, to reduce the global vision of the impact and to consider the cumulative effects of the project. Even as the action, the fractionation makes examination of alternatives to the appropriate environmental management.

“Promote the loosening environmental licensing rules too for agrarian reform settlement projects will take the problem seriously worsening, with disastrous consequences for the environment and irreversible data, mainly in the Amazon region, where certainly there will be an increase of deforestation rates arising from these projects,” the Attorney General.

To the PGR, the norm contradicts the constitutional principles of ecologically balanced environment and the requirement of prior achievement of environmental impact assessment. The resolution still hurts the constitutional obligation of the Union, the States and municipalities of preservation for the present and for future generations. “The resolution dealt with the constitutional principles of prevention, the fence of environmental backlash, poor protection and prohibition of requirement of environmental impact assessment for potentially polluting activities”, complements the PGR in its arguments.
#PEC65Não -the MPF has mobilized in favor of environmental licensing, working against initiatives that seek to overthrow him or add flexibility to it. The proposed amendment to the Constitution (PEC) 65/2012, which dispenses with the licensing, is one of those cases. The mobilization involved tuitaço-which led the hashtag #PEC65Não to be the sixth most commented on global internet-and the realization of a series of public preferences for audi to debate the subject. In addition, the Chambers of the MPF for environment and Cultural Heritage; Indigenous peoples and traditional communities, and the Federal citizens ‘ Rights Attorney sent technical note to the Senate, which subsidized opinion contrary to PEC on Constitution, Justice and citizenship of the House.

Secretariat of Social Communication
Attorney General of the Republic
(61) 3105-6404/6408
Twitter: MPF_PGR

PEC 65/2012: Por que o MPF é contra? Felício Pontes esclarece

Published on Jun 1, 2016
To Felício Pontes, regional Attorney of the Republic of the 1st region (PRR1/MPF),
The PEC 65/2012 favours corruption. He explains that the licensing process of the Belo Monte Dam on the Xingu River (PA), could have a much bigger corruption case the PEC were in force. Without the licensing, the MPF would not have any instrument for the fulfilment of the conditions.





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