In RR, lawmaker says pro-mining law should be sanctioned next Tuesday, 5th

Gabriel Abreu – Cenarium Magazine

BOA VISTA – The governor of Roraima, Antônio Denarium (Progressistas), will await the legal opinion of the Attorney General of the State (PGE) to sanction the Bill (PL) 233/2022, from the Legislative Assembly of Roraima, which prohibits the inspection bodies of the State to destroy and disable private assets seized in operations and environmental monitoring against mining in the State of Roraima. If the bill is approved, the sanction will take place next Tuesday, 5th, according to State Representative George Melo (Podemos).

The bill was approved last Monday, 27, by the state lawmakers in an extraordinary session. For the Federal Public Ministry (MPF,) the law is unconstitutional, 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.

This argument used by the MPF is refuted by state lawmaker George Melo (Podemos), author of the proposal in the ALE-RR, who says that the law was created for federal areas and that the inspection agencies want to impose this law in the state.

“We cannot accept that only one body can be the inspector, the judge, and the inquisitor. Here we have a Legislative Power and we have a governor and we have a worker that needs to be respected, have dignity and have the guarantee that if he invests he will certainly have his right to be discussed”, said the lawmaker.

Check the video:

After a meeting that took place this Thursday, 30, between the congressman and leaders of the “Garimpo é Legal” (Mining is Legal) movement, governor Antônio Denarium promised to sanction the law next Tuesday, 5, if the legal opinion of the PGE is favorable, as stated by the congressman (see video).

Unconstitutional

According to the federal agency, the actions of decharacterization, destruction or destruction of seized goods are provided for in federal legislation – Law 9605/1998 and Decree 6.514/2008 – and have been recognized by the Supreme Court (STF) as essential to combat illegal mining.

“The MPF’s investigations have shown that, after being left at the place of seizure, the goods used in the practice of environmental offenses quickly return to operate in illegal mines. 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), a state law cannot override a procedure provided for in national legislation on the pretext of serving regional interests. For this reason, the ALE-RR once again incurs in flagrant unconstitutionality.

“Thus, the MPF understands that the proposal is clearly unconstitutional, decisively reduces the State’s ability to combat environmental criminals and contributes lamentably to the ongoing humanitarian tragedy against the indigenous peoples. Finally, the agency states that it will opportunely adopt the appropriate measures if Bill 233/2022 is sanctioned by the State Executive Power”, the note concludes.