Federal Court acquits State Environmental Action R $ 500 one thousand

The work took place in the place known as "Hole Quirimiri", in Autazes, and the action was brought in 2003.
13/07/2017 15h10 - Updated 14/07/2017 12h31
Photo: disclosure

The Federal Court acquitted, this week, the State Government in an environmental civil action, filed by federal prosecutors (MPF). The MPF claimed that the State had breached a Conduct Adjustment Term (TAC) environmental compensation for the construction of a bridge in the city of Autazes (a 113 kilometers from Manaus) and charged a fine of R $ 500 one thousand, approximately. The information is the State Attorney General (Intoxicated).

According to PGE, the work took place in the place known as "Hole Quirimiri", in Autazes, and the action was brought in 2003. The MPF TAC provided for the planting of a green area below the bridge with own vegetation of riparian forest. "The State Government has fulfilled the recommendation was concerned their responsibility. Whereupon, PGE had been proving, through photos and documents, that the term was being fulfilling by the state entity ", said Attorney General, Tadeu de Souza.

Based on the evidence presented by the Attorney General of the State, US District Judge Mara Elisa Andrade explained that it was up to MPF "detail discriminate the defaulted obligation, and allocate it to the responsible, determining the timeframe of noncompliance ", and determined the MPF to indicate individually obligations unfulfilled by the state and construction.

"In view of the requests of magistrate, federal prosecutors acknowledged that there was no obligation to do pending fulfillment in the TAC and requested the termination of the process, without further implementation in the face of the State, no last day 7, the request is accepted by Justice. The performance of the prosecutors in the PGE (specialized in the environmental area) It was decisive for success in action ", completed Souza.

Responsible for environmental processes in PGE, Attorney Fabiano Buriol congratulated the work of federal prosecutors in being always aware of the Enforcement of Environmental Laws. "The MPF staff did their job to collect compliance with the Conduct Adjustment Term and to see that the terms were being met and that there could be an unnecessary expense of the state, process called extinction ", said Buriol.

Novo Airão
The state, also, He was acquitted in March this year in another civil action, also filed by MPF, in which he accused the Government of causing environmental damage in the work of restoring the edge of the municipality of Novo Airão. In addition to the cancellation of environmental licenses granted by the Amazonas Environmental Protection Institute (Ipaam), MPF still intended sentenced the State to pay compensation for environmental damage.

As Attorney Fabiano Buriol, during the process PGE work showed that even started and that were not caused environmental damage. Therefore PGE refused embodiment according to the MPF.

"The manifestations of PGE shown to be misplaced claim MPF, the remains confirmed the sentence handed down by Federal Judge Mara Elisa Andrade, who recognized the lack of environmental damage attributable to the State of Amazonas and, as a consequence, dismissed the claim of state ordered to pay compensation ", clarified Buriol.

Criminal action
PGE acted, still, the defense of the State Superintendent of Navigation, Ports and Waterways (SNPH) in criminal proceedings in which federal prosecutors accused SNPH and two of his practice of former CEOs of environmental crimes stipulated in Law No. 9.605/98.

According to the prosecutor Fabino Buriol, PGE refused probation proposal process presented by MPF, convinced of the dismissal of the action, what's left confirmed the decision handed down in May 2017 Distinguished by Federal Judge Hiram Pereira, dismissing the indictment and acquitted the defendants.

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