Post by shiha520 on Feb 11, 2024 1:55:40 GMT -8
The deputy attorney general of the Republic Maria das Mercês de C. Gordilho Aras determined, on Tuesday (22/11), the archiving of the representation made by prosecutor André Luís Alves de Melo, from the 1st Public Prosecutor's Office of the District of Araguari (MG ). The representation questioned the constitutionality of Constitutional Amendment No. 109/2021, of Minas Gerais, and Law No. 23,830/2021, of the same unit of the Federation. The rules authorize the transfer of federal funds for actions aimed at the environment and, according to Melo, would violate article 225 of the Constitution. Disclosure/MG Fire Department Fire Department of Minas Gerais The amendment allows transfer as a form of reparation by Brumadinho Gordilho Aras justified the filing by explaining that the final decision of the Attorney General's Office (PGR) whether or not to trigger abstract constitutional jurisdiction in the Federal Supreme Court involves a "political assessment" regarding the convenience and opportunity of doing so.
Therefore, the legitimacy to file a direct action of unconstitutionality is not exclusive to the head of the Federal Public Ministry. With the exception that her decision does not mean a value judgment regarding the constitutionality of the rules cited by the prosecutor, the deputy attorney general justified that the alleged offense to Article 225 of the CF is susceptible to abstract control in the Court of Justice of Minas Gerais. According Canada Email List to Gordilho Aras, "on this occasion, the elements contained in the file under analysis do not indicate a hypothesis of provocation by the STF". It will now be up to the Attorney General of Justice, head of the state MP, if he so wishes, to file a direct action for unconstitutionality in the TJ-MG
According to the prosecutor's representation, EC 109/2021 and Law No. 23,830/2021 contravene Article 225 of the CF because "they do not establish the need for prior compliance with environmental conditions". Article 225 of the CF states that, "everyone has the right to an ecologically balanced environment, an asset for the common use of the people and essential to a healthy quality of life, imposing on the Public Power and the community the duty to defend and preserve it." it for present and future generations". Brumadinho involved According to André Luís Alves de Melo, EC 109 allows the direct transfer to Minas Gerais municipalities of resources "coming from the agreement signed between the government of Minas Gerais, Vale and Justice bodies, as a form of reparation for the Brumadinho tragedy, in Greater BH". Law 23,830, "authorizes the opening of supplementary credit to the State's fiscal budget, with resources received as a result of the judicial term for reparation of socioeconomic and socio-environmental impacts .