Minister André Mendonça, of the STF (Federal Supreme Court), asked on Monday (May 29, 2023) for a statement by the President of the Chamber of Deputies, Arthur Lira (PP-AL), on the processing of Provisional Measure 1.150/22, known as the Atlantic Forest MP.
The decision was taken to instruct the writ of mandamus filed at the Supreme Court by the senators Alessandro Vieira (PSDB-SE), Otto Alencar (PSD-BA), Eliziane Gama (Citizenship-MA) and Jorge Kajuru (PSB-GO) to contest the “jabuti” inserted in the text of the MP that would allow deforestation in certain places, such as areas of power transmission lines, gas pipelines and water supply systems, without a prior study of the environmental impact.
After receiving the information, Mendonça will decide whether to suspend the processing of the MP, as defended by the senators. the deputy Sergio de Souza (MDB-PR), rapporteur for the matter in the House, should also provide information to the minister.
“Eventual judicial control must, in respect of the principle of separation of powers, be covered with the highest degree of exceptionality and caution. This results in the adoption, in the present case, of judicial prudence, in the sense of previously hearing the coercive authorities, before any decision on the object of the litigation”said the minister.
In the action filed last week, the congressmen maintain that the approval of the changes in the MP distorted the objective of protecting the environment.
“There is no doubt that they are elements that are absolutely inconsistent with the objective of protecting native vegetation, set out in the provisional measure itself. On the contrary, they represent a serious slackening in the fight against deforestation in the Atlantic Forest”they stated.
Changes
The text approved by federal deputies amends the Atlantic Forest Law (Law 11,428/06) to allow the deforestation of areas where electricity transmission lines, gas pipelines or public water supply systems will be implemented, without the need for a prior study of the environmental impact or compensation of any kind. It also dispenses with the capture, collection and transport of wild animals, only guaranteeing their scaring away.
The text also provides, among other points, that secondary vegetation in the medium stage of regeneration may be cut down for public utility purposes even when there is a technical alternative or another location for the undertaking. The MP is now going to presidential sanction.
After approval, the Minister of the Environment and Climate Change, Marina Silva, said that President Luiz Inácio Lula da Silva will veto the changes.
With information from Agência Brasil
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