📋 Tender Overview
The Federal Court rejected, last Wednesday (13/8), request for urgent relief made by the Federal Public Prosecution Service (MPF) in Public Civil Action (ACP) that intended to oblige the Union to allocate resources of environmental fines to the National Fund for Public Calamities, Protection and Civil Defense (FUNCAP). The decision, issued by the 10th Federal Civil Court of Belo Horizonte (MG), represented an important victory of the Attorney General of the Union (AGU), which acted in the case through the Union Attorneys Office of the 6th Region (PLA6).
At ACP, the MPF alleged omission of the Union in allocating the funds and argued that the values were applied in soil recovery measures impacted by the breaking of Mariana (2015) and Brumadinho (2019) dams, as well as supporting affected family farming.
The Attorney General of the Union (AGU) has shown that the allocation of fines is already defined by law, and resources are directed to the Brazilian Institute of Environment and Renewable Natural Resources (Ibama), the Chico Mendes Institute for Biodiversity Conservation (ICMBio) and the National Environment Fund (FNMA).
He also stressed that the damage arising from the disasters mentioned are the subject of specific agreements-the Rio Doce Agreement and the Judicial Agreement of Full Repair of Brumadinho-which ensure the application of the pollutor-payer principle, according to which the damage should be fully beaten with the costs of its reparation.
Undue interference
In analyzing the case, the court concluded that the measure requested by the MPF was legally unfeasible, because it represents improper interference of the judiciary in the budget choices of the executive and the legislature. It also pointed out that there is no proof of omission by the Union in the execution of reparation and prevention policies of environmental disasters.
With the decision, AGU ensures the continuity of enforcement and environmental preservation actions conducted by the Brazilian Institute of Environment and Renewable Natural Resources (Ibama) and the Chico Mendes Institute for Biodiversity Conservation (ICMBio), reinforcing the prevention of new disasters and ensuring greater protection to society and the environment, said PLA Legal Coordinator, Marcos Dupin Coutinho.
Reference Process: ACP No. 6011528-92.2025.4.06.3800
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