AGU tells STF that federal decree does not encourage illegal mining

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The Attorney General’s Office (AGU) sent a statement to the Federal Supreme Court (STF) in which it states that the federal government decree that created a program to encourage “artisanal mining” in the Amazon does not encourage the practice of illegal mining, but promotes sustainability and respect for the environment.

The position took place in a lawsuit filed by the PSB against decrees issued by the President of the Republic, Jair Bolsonaro (PL), which provide for measures to encourage mining activity, especially in the Amazon region. The rapporteur of the measure in the Court is Minister André Mendonça.

“The action may impede the development of public policies capable of contributing to the best practices and sustainable development of mining, to promoting the regularization and organization of mining, to boost the fight against environmental crimes”, said the AGU.

According to the folder, according to the technical area of ​​the Ministry of Mines and Energy, “the work of GT Garimpo was documented in a report that preceded the edition of the decree in question, which promotes sustainability and respect for the environment to guarantee a more dignified life. for the traditional communities and for the workers with the formalization of the activity”.

This “includes the adaptation of projects to mining and environmental legislation and the fight against illegal extraction, in addition to creating a new institutional arrangement to integrate, strengthen and prioritize these public policies”, complements the text.

Created under the justification of fighting illegal mining, Decree 10.966/2022 aims to “propose public policies and encourage the development of artisanal and small-scale mining”, especially in the Legal Amazon. It institutes the Support Program for the Development of Artisanal and Small-Scale Mining (Pró-Mape).

Decree 10,965/2022, by rewording Decree 9,406/2018, established simplified criteria for the granting of mining ventures by the National Mining Agency (ANM) and creates a hypothesis of tacit licensing registration.

For the party, the discipline of decrees is totally incompatible with the system of constitutional protection of the environment, insofar as it seeks to formalize and encourage illegal practices, which result in setbacks in environmental matters.

“The forecasts weaken and disrespect the system of regulation of mining activity and socio-environmental protection and prevent the definition, by the Legislative Power, of norms related to regulation and the formulation of public policies relevant to this economic activity”, highlighted the PSB.

Source: CNN Brasil

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