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City Hall Cancels Condominium License in Maracaípe After MPPE Complaint About Absence of Environmental Studies Required by Law
The City Hall of Ipojuca, in Pernambuco, decided to cancel the environmental license that had been granted for the construction of the Maracaípe Beach Living condominium, on the beachfront of Maracaípe Beach. According to the Public Ministry of Pernambuco (MPPE), the authorization was granted without the completion of the technical studies required by law. The case is under investigation and may involve environmental crime.
Inspection Revealed Flaws in the Process
Prosecutor Belize Câmara, from the MPPE, explained that the situation was discovered during an action by the Specialized Joint Action Group (Gace) for the Environment.
The group selected, by sampling, some enterprises for inspection, including Maracaípe Beach Living in Ipojuca, as well as others in Sirinhaém and Tamandaré.
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During the inspection, the responsible construction company presented an environmental license granted by the city hall. However, the MPPE verified that the document was not accompanied by any technical analysis process. There were no studies, nor formal processing within the city hall.
“This technical analysis did not exist. This licensing process at the city hall did not undergo any technical analysis, there is only the license,” Belize Câmara stated.
The prosecutor also reported that several meetings were held with city hall representatives, without any formal record of the licensing being identified.
Indications of Environmental Crime
The lack of studies and formal procedure raised suspicions of environmental crime. According to the prosecutor, the issuance of the license without adherence to legal norms constitutes, in theory, an infringement provided for in the environmental crime law. “It is reasonably clear that it may require subsequent, complementary investigations, but there are indications,” she said.
The MPPE understands that there was a serious failure in the actions of public administration members and already considers the case as likely subject to criminal liability.
Recommendation for New Licensing
After identifying the irregularities, the MPPE recommended to the city hall of Ipojuca that the licensing process be transferred to the CPRH (State Agency for the Environment).
The scale of the enterprise and the potential environmental impact were the reasons cited for the need for state evaluation.
In addition, the MPPE requested the suspension of the sale of units, notification to the public and realtors about the irregular situation, and the prohibition of any intervention on the land until complete regularization.
The recommendation also includes that the construction company carry out new licensing with an Environmental Impact Study (EIA) and an Environmental Impact Report (RIMA). The prosecutor emphasized that the process should include public hearings and listening to the population.
Environmental Issues at Stake
According to Belize Câmara, the construction of the condominium, with over 600 units, requires extra care. For her, the enterprise needs to be evaluated considering the worsening of erosion and the impacts on sewage disposal.
She also points out that there is strong real estate speculation in coastal areas, which further pressures sensitive coastal areas.
“When you do not respect a distance, for example, from the beach area, you exacerbate erosion,” she stated.
Positioning of the Construction Company
Pernambuco Construtora, responsible for Maracaípe Beach Living, stated that it complied with all legal and environmental requirements for the implementation of the project.
The company informed that it had conducted four studies: Forest Census, Simplified Environmental Report (RAS), Neighborhood Impact Study, and Load Capacity Study of the Collection System.
The documentation, according to the construction company, is registered in a notary office and available in the incorporation memorial. After the MPPE recommendation, the company stated it is directing the proceedings to the CPRH and that the enterprise is 100% residential, located in an already consolidated urban area.
The construction company also expressed its willingness to provide clarifications to clients, partners, and society.
CPRH Has Not Yet Received the New Request
According to CPRH, so far, Pernambuco Construtora has not filed the new licensing request. As soon as this occurs, the agency will need to prepare the Terms of Reference for the studies required by the MPPE.
The city hall of Ipojuca, contacted to comment on the indications of environmental crime, has not yet responded by the last update of this report.
With information from Liberdade FM.
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