Judge Marcelo Kras Borges of the 6th Federal Court in Florianopolis ordered the immediate suspension of work on the new Lagoa da Conceicao bridge.
The decision came out this Wednesday night (12) and is a response to a request from the MPF (Federal Public Ministry) in a public civil suit.
The ruling also obliges the IMA (SC Environment Institute) to take the necessary administrative measures to immediately suspend issued environmental licenses.
The judge understood, among other reasons, that there was already an effective court order issued by TRF 4 (Federal Regional Court of the 4th Circuit) prohibiting interference in the area and that, for both the new bridge and the station and passenger terminal, “there must be not only the permission of the Union, but also the consent of the captaincy of the ports, without mentioning by the defendants [o município e o IMA] or in environmental licenses equally with respect to the latter.”
According to the magistrate, “there are doubts about the safety of the works, especially regarding the protection of the environment, not to mention the complete lack of information also about the informed participation of the population and that there is a court order to force not to interfere in the area that is the subject of this action “.
On the other hand, Kras Borges believes that “there is no doubt that the work will have a direct impact on the permanent conservation areas and on the waters of Lagoa da Conceicao.”
The judge also referred to the principle of prevention. “The risk of irreparable damage or damage that is difficult to repair, or the possibility of its occurrence is obvious, therefore the need and usefulness of an injunction are brought to the fore, which also justifies the application of the principle of prevention, given the inevitability of unauthorized or currently prohibited by a court order interventions in the area of the object of this action,” Kras Borges concluded.
The fine is BRL 5,000 for each proof of non-compliance with the definitions. You can use TRF4.
In a letter sent to Mayor Topazio Neto (PSD) on Monday, prosecutor Analucia Hartmann of the MPF warned that work would begin.
Source: Ndmais