Proposal guarantees the return of people removed to the places from which they were removed, provided that the safety of the place is attested
The Chamber of Deputies approved in the early hours of this Thursday (June 1, 2023) the PL (bill) that guarantees the return of people evacuated to places where disasters occurred or from where they were removed due to imminent risk. The proposal will be sent to the Senate.
Authored by deputy alfredo gaspar (União Brasil-AL) and others, PL 2257/23 was approved in the form of a substitute for the rapporteur, deputy Paulinho Freire (Brazil-RN Union). The text determines that the company responsible for the disaster or accident must pay for the technical and legal assistance provided to displaced or homeless people.
The project defines as displaced those who do not need shelter and were forced to temporarily or permanently abandon their home in the risk or disaster area due to preventive evacuations, destruction or serious damage caused by an accident or disaster.
The homeless is the person who went through the same circumstance and needs shelter provided by Sinpdec (National System of Protection and Civil Defense) or by the company responsible for the accident or disaster.
Although it does not explicitly specify who is responsible for payment, the substitute makes it clear that people who are forcibly displaced are entitled to compensation for material and moral damages suffered by a member of the family unit, without prejudice to other findings.
They will also be entitled to physical and mental health treatment and monitoring paid by the responsible company, if the health problems are related to the forced displacement. Another right is to receive emergency housing assistance while the situation lasts, also paid by the company that caused the accident or disaster.
For Gaspar, the project’s approval does justice to thousands of victims of this type of accident or disaster. “It’s been 5 years since thousands of victims in Maceió were affected by an environmental crime that took away not only their assets, but their peace of mind, their economic condition and especially their will to continue living. This House is helping these people“, he said.
The rapporteur, Paulinho Freire, said that “most of the accidents or disasters that have occurred in the country are related to the negligence of companies in risk management and that this makes the communities located in the vicinity of the projects increasingly vulnerable”.
RETURN
Persons evacuated from affected areas will have the right to return to their homes or workplaces regardless of civil reparation. But this should only occur after technical studies by the competent bodies attest to the safety of the site based on guidelines from Conpdec (National Council for Protection and Civil Defense).
The impacted area will return to the displaced owners or their successors only after its complete recovery and when the absence of risks is attested, also based on independent technical studies and under the terms established by Conpdec.
If this is not feasible, the impacted area cannot be commercially exploited by the company and its final destination will have to be defined in public consultation or jointly by the affected parties and public entities of the environment and territorial organization.
With the mediation of Justice bodies, this area may have 2 destinations: to be transformed into a conservation unit, under the terms of the Law of the National System of Nature Conservation Units – SNUC (Law 9.985/00) or serve as another type of installation of socio-environmental interest.
Freire also proposes that the company responsible for the accident or disaster cannot be sold without full compliance with the repair of the damage caused.
An exception to this rule will be possible if it is ensured, with a financial guarantee contained in a clause in the sales contract, that the repair of damages will be carried out in full.
Forced displacement will depend on consultation with the affected people and the competent bodies with adequate deadlines for their manifestation.
DAMAGE
According to the project, in addition to the damage caused to people, the environment and social, historical and cultural assets, the damage caused to infrastructure and public assets should also be evaluated, with the establishment of the respective compensation.
This assessment should be carried out by bodies such as the Public Prosecutor’s Office, the Public Defender’s Office and others whose intervention is provided for in the relevant legislation.
ANIMALS
Paulinho Freire also determines that the project’s measures will be applied, where applicable, to the animals directly or indirectly affected by the accident or disaster. The responsible company must pay for the rescue and treatment of these animals.
With information from Chamber Agency.
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