Minister of the STF takes action presented by PV alleging environmental setback to judgment on the merits in the Court’s plenary
Minister Edson Fachin, from STF (Supreme Federal Court), opened a 10-day period for the Government of Rio Grande do Sul and the Legislative Assembly of Rio Grande do Sul to clarify the changes made in the State Environmental Codein which environmental rules were made more flexible.
Fachin also sent the ADI (Direct Action of Unconstitutionality) on the matter for judgment on the merits in the plenary of the Supreme Court, thus adopting a summary procedure for evaluation. The AGU (Attorney General of the Union) and the PGR (Attorney General of the Republic) will have 5 days to comment, after clarifications from the authorities in Rio Grande do Sul.
The action was opened by the PV (Green Party), according to which, the changes, sanctioned by the governor Eduardo Leite (PSDB) on April 9, aimed to make environmental rules more flexible in order to allow the construction of reservoirs and other interventions, such as the clearing of native vegetation in APAs (permanent protection areas).
The PV claims that there was an environmental setback, which is prohibited by the Constitution, as well as that changes in the law promoted “empirical continuity of devastation in Rio Grande do Sul”.
The ADI was proposed in the context of the environmental tragedy that has hit Rio Grande do Sul since the end of April, when heavy rains began to fall in the State, causing flash floods and floods.
In the decision in which he adopted the summary procedure for the ADI, signed on Monday (May 20), Fachin wrote that it was “matter presented by the party that has clear relevance and has special significance for the social order and legal security”.
With information from Brazil Agency.
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