July 14, 2022
17:07
Gabriel Abreu – From Amazon Agency*
BOA VISTA – The Attorney General’s Office (PGR) said on Tuesday, 12, that will enter in the Supreme Court (STF) with a Direct Action of Unconstitutionality (ADI) against the Bill (PL) 1. 701/2022 sanctioned by Governor Antonio Denarium (Progressives) that prohibits inspection agencies such as Funai, Ibama, Federal Police (PF) and the Military Police of Roraima (PM-RR) from destroying the property of miners during operations against illegal mining.
Without a legal opinion from the Attorney General of the State (PGE), Antonio Denarium sanctioned the law. To AMAZON AGENCY, Denarium said that if there were any questions about PL 1701/2022, he should contact the competent bodies. On the other hand, there was strong pressure from the miners for the State to sanction the law that favored them. On the contrary, environmentalists and indigenous people repudiated the sanction.
Unconstitutional
The information was confirmed by the PGR after the Attorney General of the Republic, Augusto Aras, informed that he would file the ADI against the laws approved in Roraima and Rondônia. For Augusto Aras, by prohibiting the exercise of environmental policing powers, the state laws undermined an important instrument of environmental control, legitimately regulated at the national level, in breach of state duties of federative cooperation on environmental protection established in general rules issued by the Union. According to the PGR, the norms established a parallel discipline to the national legislation.
Augusto Aras also points out that the state laws violate article 225 of the Federal Constitution, which establishes the fundamental right to an ecologically balanced environment and the state duty to promote its defense and protection for present and future generations. According to the attorney general, it is necessary to balance economic development and environmental preservation, considering an ecologically correct, economically feasible, and socially fair performance.
In this sense, Aras points out that the rules should encourage the adoption of measures that, embracing the idea of sustainable development, allow the implementation of innovations, advances and improvements that also contemplate the requirements of economic and social progress of the country. For the attorney general, this is the set of constitutional principles and guidelines that should guide the formulation of public policies, in order to establish the material limits to the actions of the Public Power and prohibit actions that promote “the pure and simple deconstruction or regression of the levels of environmental protection already achieved.
Competence
The attorney general highlights that the questioned rules violate the Union’s competence to legislate on general rules for soil and natural resources protection, environmental protection and pollution control. Aras explains that the Union is responsible for establishing general rules that seek national standardization, and that these rules should be supplemented by the states and the Federal District to meet regional interests, and by the municipalities, when there is a need to regulate issues of local interest, provided they observe the general federal rules on the matter.
Augusto Aras mentions that, on a national level, Law 9.605/1998 was issued to regulate the criminal and administrative sanctions derived from conducts and activities that are harmful to the environment. The rule was regulated by Decree 6.514/2008, which establishes rules about the performance of the agent in the destruction and/or destruction of products, byproducts and instruments of environmental violations.
Augusto Aras points out that, in cases where it is not feasible to remove the products or instruments used to commit environmental violations, “destruction is a suitable measure to prevent them from being redirected, moments after the inspection activity has ceased, to the destruction of the indigenous or environmental heritage”.
For the Attorney General, these measures of destruction or destruction of instruments used in the practice of environmental violations by agents or inspection agencies do not cause, in and of themselves, a violation of property rights or of due process of law, nor does their implementation depend on a previous unappealable court decision.
Lawsuits
The lawsuit filed against Law 1.701/2022, of Roraima, meets the request of the Federal Public Ministry, which sent to the Attorney General of the Republic a request to analyze the possibility of filing a direct action of unconstitutionality against the rule. According to the MPF, when left at the place of seizure, the goods used in the practice of environmental offenses quickly return to operate in illegal mining. In the other ADI, the attorney general questions the Law 5.299/2022 of Rondônia.
In both actions, Augusto Aras asks for the granting of a precautionary measure (preliminary injunction) because of the danger in the delay of the proceedings. For the attorney general, the rules subvert the constitutional model and change the legal regime of environmental protection, bringing damage to the proper repression of environmental crimes, with the potential to cause irreparable damage or damage difficult to repair to the environmental heritage located in the states of Rondonia and Roraima.
In this context, the Attorney General evaluates that the request for urgent relief is due to the real possibility of damage to the environmental and indigenous heritage of the two states, due to the prohibition of actions to destroy, render useless, and make unfeasible assets seized in environmental operations, under the terms of the contested law. “The precautionary principle, which governs the conduct of public entities in the preservation of the ecologically balanced environment, should be invoked here”, he argues.
(*) With information from PGR
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