📋 Tender Overview
The Attorney General of the Union (AGU) overthrew mining warrant of a mining company that bogered gold illegally in an environmental protection area in Para and ensured the competence of the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA) to oversee and apply fines to companies in conservation units.
In 2023, Ibama caught irregular performance and fined Minewel Mineracao PA, which extracted gold in the Tapajos Environmental Protection area (APA), a reserve of two million hectares that covers the municipalities of Itaituba and Jacareacanga, in southwest Para. The mining company operated without the consent of the Chico Mendes Institute for Biodiversity Conservation (ICMBio), responsible for the management of APA, created in 2011.
The mining company managed to warrant to nullify the notice of infraction and the terms of embargo issued by Ibama in 2023, in the first instance. After AGU appeal, the Federal Regional Court of the 1st Region (TRF-1) changed the decision and reaffirmed the attribution of Ibama to oversee and assess companies in conservation units, such as Tapajos APA. The court also pointed to non -compliance with environmental conditions in the mining companys licenses.
For federal prosecutor Thais Andrade de Almeida, who acted in the case, the court decision reinforces environmental inspection actions. It is always important to reaffirm the legitimacy and competence of the environmental agencies to oversee and assess infractions, as well as the need for the legal requirements and environmental conditions to be fulfilled in potentially polluting activities, ensuring the effective application of law and environmental protection, says Almeida.
With the acceptance of the appeal, the legality of Ibamas administrative acts was restored. The trial further states that it is not possible to use a writ of mandamus to annul fines or other punishments that have the legality demonstrated. The Federal Attorneys Office of the 1st Region (PRF1) and the Special Federal Prosecutor with Ibama (PFA/IBAMA), bodies linked to AGU.
Reference Process: No. 1049156-06.2023.4.01.3900
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