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
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
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