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A volunteer removes the oil spilled in the mangroves of Cabo de Santo Agostinho, Pernambuco – AFP
Judge Marcelo Pereira da Silva, of the Federal Regional Court of Region II (TRF2), today (2) the precautionary measure (provisional decision) that had suspended the repeal by the National Environment Council (Conama) of two resolutions that defined permanent protection areas on the coast and around dams.
The magistrate responded to the request of the Office of the Attorney General of the Nation (AGU), which among other arguments held that the resolutions, issued in 2002, lost their validity after the approval of the Forest Code of 2012. With the annulment of the precautionary measure, They lose again The resolutions that established protection bands around the reservoirs and the restas and mangroves were effective.
The same reason had been presented by the Ministry of the Environment (MMA) in Conama for the overturn of standards, in a meeting held last Monday(28).
For the judge, with the approval of a new Forest Code, there was a tacit revocation of the administrative regulations edited in light of the previous code, so there would be no talk of environmental setback with the revocation of old resolutions by Conama.
The precautionary measure that had suspended the repeal of the resolutions had been approved by Judge Maria Amélia Almeida Senos de Carvalho, of the 23rd Federal Court of Rio. from January, in popular action.
In her decision, the judge had written that there is “an evident risk of irreparable damage to the environment”, if the Conama decisions are upheld. Rules repealed set protection parameters for Permanent Preservation Areas, such as Restas, Mangroves and other sensitive ecosystems, with the aim of preventing occupation and deforestation
The revocation of the resolutions is also challenged by PT in the Federal Supreme Court (STF). The party asked for a precautionary measure because it believed that there was a risk of environmental setback, which is prohibited by the Constitution. Yesterday (1º), the rapporteur, Minister Rosa Weber, requested information from the MMA within 48 hours.
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