Gabriel Abreu – Cenarium Magazine
BOA VISTA – After the state lawmakers of Roraima approved a bill that prohibits law enforcement agencies and the Military Police of the State to destroy the property and assets of miners in the State, on Tuesday, 28, the Federal Public Ministry (MPF) informed in a press release that the Bill 233/2022 contradicts the federal legislation and may contribute to the increase of environmental crime.
According to the federal agency, the actions of decharacterization, destruction or destruction of seized goods are provided for in federal legislation – Law 9.605/1998 and Decree 6.514/2008 – and have already been recognized by the Supreme Court (STF) as essential to combat illegal mining.
In the note, the MPF also says that when the machinery is not destroyed, the miners return to operate in areas where mining is not allowed. And clarified that the non-destruction only happens when employed in which the transport of the seized asset is impossible and with the purpose of preventing it from being, moments after the end of the inspection, reused in the destruction of the environment.
“MPF’s investigations have shown that, when left at the place of seizure, the goods used in the practice of environmental illicit actions quickly return to operate in illegal mining. In several cases, aircraft seized at clandestine landing strips or even at regular airfields were found to be used again in the logistical support of illegal mining activities”, he added.
Based on these findings, the Federal Public Ministry obtained, in May of this year, a court order for the federal inspection agencies to adopt measures to destroy or disable machinery, aircraft and inputs used in illegal mining.
As pointed out by several precedents of the Federal Supreme Court (STF), state law cannot override the procedure provided for in national legislation on the pretext of serving regional interests. For this reason, the Legislative Assembly of the State of Roraima (ALERR) incurs, once again, in flagrant unconstitutionality.
It is worth remembering that recently the STF declared unconstitutional State Law 1.453/2021, which contradicted federal legislation by simplifying environmental licensing for mining activities in Roraima.
“Thus, the MPF understands that the proposal is clearly unconstitutional, decisively reduces the State’s capacity to combat environmental criminals and contributes lamentably to the ongoing humanitarian tragedy against indigenous peoples. Finally, the agency states that it will opportunely adopt the appropriate measures, should Bill 233/2022 be sanctioned by the State Executive Power”, the note concludes.
The Bill 233/2022 was approved in an extraordinary session held by the parliamentarians last Monday, 27. The project was approved by 14 votes and none against. The author of the bill is state representative George Melo (Podemos).
Compartilhe:
Comentários
