Federal Regional Court Suspends Environmental License of Comperj

Written by Renato Oliveira

Published on 28/06/2019 at 01:00

Updated on 27/06/2019 at 21:45

COMPERJ, petrobras, obras

Seja o primeiro a reagir!

Environmental Licenses Will Have to Be Redone After Being Granted by Feema/Inea Without Participation from Ibama.

The Federal Regional Court of the 2nd Region (TRF2) accepted an action from the Federal Public Ministry (MPF) and determined that the environmental licensing of the Comperj petrochemical complex, owned by Petrobras, in Itaboraí (RJ), should be redone.
Construction on Comperj began in 2005, and Petrobras, Ibama, and the State Institute of the Environment (Inea) submitted a request in 2008 to suspend the ruling from the 2nd Federal Court of Itaboraí, which declared the preliminary and installation licenses granted by Feema/Inea null and ordered Ibama to conduct a complete licensing of the works.

The dispute relates to the presence of the enterprise in watersheds (Macacu and Caceribu rivers) draining into Guanabara Bay and the risk of a potential accident at the wastewater outlet on the coast of Maricá reaching the sea, which is understood to fall under Ibama’s purview.

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According to federal judge Marcelo Pereira, it is not possible to take advantage of the licensing conducted by Inea/Feema, whether because the licensing carried out by an incompetent administrative agency is null or because environmental law does not accept the application of the theory of factum completum.

Increased Harm

The judge further stated: “This conclusion, however, and as correctly observed by the Federal Public Ministry, does not result in the ineffective and burdensome determination to demolish everything that has already been built, further increasing the harm to Comperj, estimated by the Federal Court of Accounts at US$ 12.5 billion.”

The MPF noted in its ruling that even with Comperj being an enterprise with construction already in place, it does not exempt the adoption of measures to minimize potential negative impacts of the construction.

The regional attorney of the Republic Luis Claudio Leivas has stated: “So far, no technical studies have been found justifying the location of Comperj in Itaboraí, with the Federal Court of Accounts itself stating that the only fact linked to and sustaining the choice of the municipality was having a mayor from the party then in the federal Executive.”

According to the Code of Civil Procedure (CPC, art. 942), the 3rd Specialized Section of TRF2 will be responsible for reexamining the matter so that the judgment can be resumed.

Federal Regional Court Suspends Environmental License of Comperj

Environmental Licenses Will Have to Be Redone After Being Granted by Feema/Inea Without Participation from Ibama.

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