RE:Re:legal victoryHow is this good? It sounds like a can of wormis being opened to me.
Federal judge Roberto Carlos de Oliveira, of the Federal Regional Court of the 1st Region, suspended the decision of the Federal Court of Altamira that determined the federalization of the licensing of the Belo Sun mining project in the region of Volta Grande do Xingu.
In the decision, the federal judge even said that the environmental impacts of the gold exploration in the area may have national dimensions, are not enough facts to remove the competence of the State Department of Environment and Sustainability (Semas) of Par for the licensing of the enterprise .
Roberto Carlos de Oliveira also considered the current request of the Federal Public Ministry (MPF) "strange". He believes that the possible impacts could extrapolate the limits of Par or affect the sphere of interest of the Union, even when the first public civil action of the MPF itself only highlighted the need to contemplate the studies of the indigenous component.
"It is only now, after several years since the beginning of the environmental licensing and after the enormous resources expended by the aggravating party to carry out the mining project, that the Public Ministry intends to cancel the whole process from the beginning, on which it does not had raised any irregularities other than the question of the indigenous component, which causes obvious harm to entrepreneurs and legal insecurity, "said the judge.
Processes
According to the MPF, two actions deal with the case in the Federal Court. In the first, the Federal Regional Court of the 1st Region suspended all permits issued by Semas due to the absence of studies and consultation of the affected Indians. In the second, the Federal Justice determined the federalization.
On Tuesday (27), the federal agency sent a letter to the state government to comply, immediately, with the judgment of the Federal Court of Altamira that determined the federalization of the licensing of the Belo Solar mining project in the region of Volta Grande do Xingu . The company intends to set up an open-pit gold mine in the river area.
The MPF reported that on Monday (26) indigenous Juruna were at the headquarters of the organ in Altamira to invite the prosecution to participate in meetings scheduled with the state secretary and the company within the Paquiamba indigenous land.
Attorney Thais Santi said that the meeting "evidences that the lawsuit is in default of Ibama" and that the licensing should be immediately regulated so that studies on the impacts of the plant are made in the locality.
The ruling ordered the Belo Sun licensing in September to be conducted by the Brazilian Institute of Environment and Renewable Resources (Ibama), recognizing that the state of Par has no competence to conduct the process.
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