The minister of the (Supreme Federal Court) accepted the request from entities defending transparency and blocked the release of parliamentary amendments for works that cause environmental degradation. The NGOs’ petition was based on revealing paving and opening of roads that resulted in illegal invasion of indigenous territories.
Dino justified the decision by arguing that parliamentary amendments financing environmental crimes violate the principles of administrative morality and efficiency of public spending provided for in the Constitution.
It was the second time that the NGOs Transparency International, Transparency Brazil and Contas Abertas went to the STF based on the series’ reports. Last October, they had already petitioned the amendments, which has Dino as rapporteur.
At the time, the minister responded to the request and ordered the Federal Police to investigate the case that they opened a road in the interior of Acre with , as reported by the newspaper.
In the last week of February, the entities presented to the STF new facts shown in the series and requested broader measures so that the amendments do not drive environmental degradation in the country.
In December, in Tapauá (AM). The road also has a dirt section that leads to an irregular city dump.
It has already reported that works are the subject of legal proceedings and complaints for violation of legislation that requires prior consultation with indigenous peoples directly affected by the projects.
According to the NGOs’ petition filed in February, “the set of evidence already presented demonstrates that parliamentary amendments have been used by public managers, albeit occasionally, to carry out works that violate environmental laws.”
The entities stated that the use of federal public resources for this purpose is absolutely incompatible with the Constitution and “also represents a waste of resources, as these works are often embargoed or interrupted by environmental agencies”.
In this Tuesday’s decision (3), Dino responded to the request for broader measures to prevent the amendments from driving the destruction of nature.
The judge determined that the occurrence of an “environmental offense proven by an infraction notice drawn up by a competent environmental body and/or court decision” be considered as an impediment to the release of resources or the approval of accountability for parliamentary amendments.
According to Dino, “public financing of environmental crimes constitutes an affront to the principles of administrative morality and the efficiency of public spending”, according to article 37 of the Constitution.
Finally, the minister determined that the AGU (Attorney General’s Office) be notified of the decision.
The Brazilian section of Transparency International, one of the signatories of the petition, states that Dino’s decision will have an important impact on the defense of the environment. According to Renato Morgado, the entity’s program manager, “it is necessary to create mechanisms that, in addition to ensuring the traceability, integrity and transparency of amendments, verify their socio-environmental adequacy”.
Regarding the lack of environmental licensing for the work in Tapauá and the invasion of indigenous land, in December Senator Omar Aziz stated that his mandate “is premised on the provision of federal resources to meet the demands of the population of Amazonas, especially in municipalities in the interior that face major infrastructure challenges.”
“The technical responsibility for preparing the work plan and the basic project, phases in which the environmental license is included, lies with the beneficiary entity and the approval of these requirements is the responsibility of the budgetary or mandatory unit responsible for the analysis. Approval only occurs in full compliance with the legislation relevant to the execution of agreements”, he said in a note.
The mayor of Tapauá, Gamaliel Andrade, in an interview with Sheet at the end of last year, he said: “Our intention as a government was to give citizens the right to come and go, both white and indigenous.”
