The Federal Supreme Court (STF) formed a majority to maintain the law that changed the limits of the Jamanxim National Park (PA) to accommodate the Ferrogrão tracks. So far, the score is 8-0 to release the project, with some differences between the votes.
The rapporteur, Alexandre de Moraes, voted to declare the full validity of the law without establishing any conditions. This understanding was supported by ministers Luís Roberto Barroso (already retired), André Mendonça, Kássio Nunes Marques, Luiz Fux and Dias Toffoli, making up the majority.
“Studies indicate that the impact of a railway is, in environmental terms, lower than the impacts of a highway, and greater savings are guaranteed in transport and logistics. There is a convergence of these two values, environmental protection and the country’s development”, said Mendonça.
Ministers Flávio Dino and Cristiano Zanin opened differences, but were defeated. For Dino, the law is valid if it follows some conditions. In other words, as long as the area is restored and strict compliance with the environmental licensing procedure occurs. Furthermore, he proposed that there cannot be a new reduction or change in the limits of the park for the construction of Ferrogrão, nor a reduction in Indigenous Lands located within a perimeter of up to 250 km along the route of the work.
Zanin weighed his vote to make it clear that the decision does not imply an advance legal authorization for the work or a presumption of environmental viability before carrying out the specific studies for it.
PSOL, author of the action, questions the reduction of 862 hectares in the perimeter of the protected area. For the party, this change could not have been made by Provisional Measure (MP). The project has been paralyzed since 2021 by decision of Moraes.
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