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Suspension of the Belo Monte dam license in view of breach of failure to comply to previous order

Tipo de la corte
Nacional - corte superior
Ene 7, 2016
Nombre del tribunal
Supremo Tribunal Federal
Sede de la corte
Valente do Carmo
Número de referencia
Application No. 0011010-54.2015.5.08.0103 - RTOrd - 15/01/2016 do TRT-8
Portugués (Brasil)
Energía, Agua
Palabra clave
Pueblos indígenas Presa Valoración del daño/recurso Producción de energía hidroeléctrica Parques nacionales Infracciones/sanciones Derechos humanos

In this case the plaintiff petitioned the court to order the defendants, a construction consortium in charge of building a dam and the Brazilian government to finance and organize the restructuration of the National Indian Foundation (FUNAI) in charge of redistributing the financial benefices of the dam to the local indigenous communities.

In a first judgement, in July 2010, the court followed the argumentation of the plaintiff and ordered the construction consortium to submit a plan inclusive of a restructuration of the department in the region the dam is being built.  This project would have aimed to manage compensation and social support for indigenous groups in the region, who say the dam will cut water supplies and fishing stocks.

In 2014, the Federal Public Ministry (MPF) triggered the court to order to the fulfilment of the condition that called for the reopening the regional offices of the FUNAI department in the area where the dam was being built. In the absence of implementation of the judgement, the MPF required that the consortium should be condemned to pay a fine. The defendants rejected the fine and claim stating it had not been informed of the judge's ruling.

On the 7th of January 2016, the federal court of Para, suspended the dam’s license and levied a 900,000 Rai fine against the licensee and the Brazilian government for failing to build a safety net for local indigenous communities. The judge claimed the suspension for the company in view of the Belo Monte dam’s failure to comply with previously established requirements.

Texto completo
Suspension of the Belo Monte dam license in view of breach of failure to comply to previous order.pdf
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