In a historic trial in the evening this Monday (13/8) the Fifth Chamber of the Federal Regional Court 1st region ruled by unanimity the stoppage of the works of the Belo Monte hydroelectric complex. The measure was taken by the TRF when judging a resource of embargo promoted by the Federal Public Ministry (MPF). The fine provided for if the determination is not fulfilled is r $ 500 thousand per day. The decision of the fifth class was based on article 1, item 2 of International Labour Organization (ILO), which determines a prior consultation to the main affected by works: indigenous communities, who live on site. This consultation shall be held solely by the National Congress, which according to judge Souza prudent, has not occurred. As rapporteur, ignore the Belo Monte plant would be irresponsibleTrial that can stop the Belo Monte plant construction is suspended”The National Congress issued Legislative Decree No. 788 of 2005 without listening to indigenous communities, such as the ILO and paragraph 3 of the Brazilian Constitution, authorizing the beginning of works and ordering that a posthumous study,” said the judge. “However, the Constitution does not authorize a study posthumously, but yes, a preliminary study. So given by Ibama licensing is invalid, “he added. The judge stressed that Souza Prudent to query is essential when dealing with Indians of the construction of a complex as this. In addition, the measure is supported in article 231, and paragraphs of the Brazilian Constitution, which establishes a special protection to indigenous lands, their stories and customs. “The Indians are human beings who have the same rights of any Brazilian citizen. In addition, the works of Belo Monte endanger the aviation of the 7 Falls waterfall, “says the judge.
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