The 6th class of the Federal Regional Court of the 1st region (TRF1) determined that the dam built by the defendant in the area of permanent preservation, located in the National Park of Serra da Canasta (MG), is undone, with the regular disposal of the rubble that comes from its Demolition. The collegiate also condemned the defendant to repair the degraded area by reforesting with seedlings of native tree and shrub species, occurring on site.

The decision was made after the review of the appeal presented by the Federal Prosecutor (MPF) against a sentence which had determined the defendant to promote, together with the State Institute of Forests (IEF), the regularization of the activities related to the construction of the Dam within six months, under penalty of fine of R $500.00 per day delay. The sentence still determined that the defendant refrain to conduct new interventions in areas of permanent preservation without prior authorisation of the environmental agency, under penalty of R $10000.

In its recourse reasons, the MPF maintains that the fact that it has not occurred the complete consolidation of the conservation unit does not disclaim compliance with the administrative limitation imposed by the creation of the environmentally protected space; The legislator has not conditioned the creation of conservation units to the prior expropriation or acquisition of areas; The existence of a conservation area is not incompatible with the private property system; The defendant built dam in the area considered permanent preservation, without prior authorisation of the environmental agency, causing environmental damage, and should repair them.

Except for the claim for damages, all others were taken up by the collegiate. ' demonstrated in the records that there was construction of dam without environmental licensing diverting stream course and causing deforestation of riparian vegetation, therefore, in the area of permanent preservation, it is incumbent on the cause of the damage the duty of repair, Preferably in Natura, of the damage found, as well as to undo the construction alluded to, according to the technical report of Ibama ', the rapporteur, federal judge Jirair Aram Meguerian, was founded on his vote.

The magistrate added that, ' due to the lack of proof of irreversible damage to the environment, completely the condemnation of payment of pure and simple indemnity '. He finalized his vote stating that, in the present case, ' there is no mention of prohibition on the conduct of anthropogenic activities on site, provided that they do not cause damage to permanent preservation areas, nor to the springs of the courses D ´ Water of the river watershed are Francisco, the environmental licensing should be carried out whenever required by the competent bodies '.

In those terms, the class of partial promission to appeal.

Source: TRF1