📋 Tender Overview
The Attorney Generals Office (AGU) signed an agreement considered historic to solve environmental and urban problems that have been ongoing for more than 20 years in Praia do Saco, a resort on the south coast of Sergipe. Already approved by the Federal Court of Sergipe, the conciliation agreement closes a public civil action (ACP) from 2014.
The agreement signed with the Federal Public Ministry (MPF) establishes a series of responsibilities for federal, state and municipal public authorities to promote environmental and urban regularization of the coastal strip, strengthen environmental management and improve environmental inspection and education actions in the region. Located in the municipality of Estancia, 70 kilometers from the capital Aracaju, Praia do Saco is one of the most beautiful on the southern coast of Sergipe, but, even included in an Environmental Protection Area, it has been affected by degradation, disorderly occupation and real estate speculation.
The 2014 ACP was proposed by the MPF against the state of Sergipe, the municipality of Estancia, the Union, the State Environmental Administration (Adema) and the Brazilian Institute of the Environment and Renewable Natural Resources (Ibama), aiming at the cessation and repair of environmental damage in Praia do Saco. Throughout the process, the defendants were ordered to carry out demolitions of irregular constructions and obstacles to free access to the beach, in addition to actions to restore and preserve the environment, running out of resources.
In compliance with the sentence, the Federal Regional Court of the 5th Region (TRF5) determined the inclusion of the irregular occupants of Praia do Saco as the defendant and the dismemberment of the process, with the filing, by the MPF, of a dependent action for each defendant, which resulted in more than 200 individual actions. The agreement approved by the Federal Court on April 22 is restricted to the original ACP (no 0800002-72.2014.4.05.8502) and involves only public entities. Individuals are still ongoing.
Conciliation
The negotiation began in October last year, after the Court of the 7th Federal Court of Sergipe suggested to public litigants the construction of a negotiated solution, defining obligations, deadlines and method to resolve the problems, as it is a structural process with strong environmental and socioeconomic repercussions.
In negotiations for the agreement, AGU represented the Secretariat of Union Heritage (SPU) - through the Federal Attorneys Office in the State of Sergipe (PU/SE) and Federal Regional Attorneys Office of the 5th Region (PRU5) - and Ibama - through the Federal Regional Attorneys Office of the 5th Region (PRF5).
The document establishes the axis of action, main obligations, deadlines and proof of compliance for each signatory: Union/SPU, state of Sergipe, municipality of Estancia, Adema and Ibama. A Monitoring and Inspection Committee was created with representatives of the signatory entities, which will be responsible for supervising the execution of the agreement, issuing periodic public reports and ensuring the transparency of the actions implemented, under monitoring and supervision by the MPF.
According to the agreed document, the SPU is responsible for the regularization and asset management of federal areas, especially marine land, and cooperation in inspection actions. Ibama is responsible for environmental inspection integrated with Adema, issuing notifications, notices of infraction and embargoes, consolidating technical reports and providing technical support to other entities.
Through a conciliatory solution, which is one of the AGUs guidelines, we were able to unlock an action that had been underway since 2014, with terms very favorable to the Union, and reaching an agreement that will be very positive, both for environmental and economic issues, taking advantage of the areas tourist potential and promoting job creation, assesses the Union attorney in the State of Sergipe, Victor Hugo Machado Santos, who worked on the conciliation with the collaboration of the regional coordinator of Heritage and Environment from PRU5, Fernanda Castro, and the superintendent of SPU in Sergipe, Waldoilson Leite.
This agreement presents society with an interesting perspective of territorial planning and environmental control of activities in this area, with the engagement of all entities involved. It was also very advantageous for Ibama because it respected the delimitation established by Complementary Law 140 for the Institutes primary activity competence only in activities that require licensing at the federal level, explained the federal regional deputy attorney for the 5th Region, Henrique Varejao. Upon approval of the agreement, he highlights another important achievement: the reduction, each year of compliance with the agreement, of 25% of the remaining balance of fines applied to Ibama throughout the process, until its complete extinction.
Reference process: no 0800002-72.2014.4.05.8502
AGU Special Social Communication Advisory
