MONTANHA VIVA GOES TO COURT AGAINST THE FEDERAL GOVERNMENT, IBAMA (Brazilian Institute for Environment and Natural Renewable Resources),, BUNGE, YARA AND OTHERS TO TRY TO HINDER THE DEVASTATION OF THE ATLANTIC RAINFOREST IN SANTA CATARINA, BRASIL.
More than 2000 thousand signatures collected in over 25 counties, the bigger part of them belonging to which compose the Watershed of the River Rio Tubarão and the Laguna Complex, demonstrated the need to participate in this licensing process.
Therefore, the Association Montanha Viva, through its lawyers, protocoled on 05 of June of 2009, the International Day of the Environment, in the FEDERAL ENVIRONMENTALCOURTOF FLORIANÓPOLIS - JUDICIAL SECTION OF SANTA CATARINA, competent PUBLIC CIVIL ACTION WITH REQUEST FOR PRELIMINARY VERDICT , against the following defendants: THE FEDERAL UNION, THE STATE OF SANTA CATARINA, THE MUNICIPALITY OF ANITÁPOLIS, THE FOUNDATION OF ENVIRONMENT - FATMA, THEREGIONAL OFFICE OF IBAMA (Brazilian Institute for Environment and Natural Renewable Resources), IFC CATARINENSE PHOSPHATE INDUSTRY LTD, BUNGE FERTILIZERS BRASIL S.A. and YARA FERTILIZERS S.A.
It is a public civil suit aiming the protection and defense of diffuse interests of the community, particularly maintaining the current state of conservation and preservation of the area of permanent preservation located in the Atlantic Forest biome, the process of environmental licensing in process against all legal provisions relevant to the issue, jeopardizing not only the environment, and also the health, quality of life of all inhabitants of the Watershed of the River Rio Tubarão and the Laguna Complex, cumulated with the request for condemnation of the required companies to obligation not to do, abstaining themselves from any act of construction, grounding, modification, earthworks, and / or any works undertaken in the construction and operation of the complex for manufacturing of Simple Superphosphate (SSP), finally, disconformity with federal, state, and municipal environmental laws in force.
Anticipating the judgment in the merit, is required the grant of judicial determination for suspension of the Administrative Proceeding FATMA No. 2431/068 and canceling the Previous License -LAP N.051/2009- until all claims and faults existing in the retro process are set out..
The Association Montanha Viva, acting in defense of protecting and preserving the environment, as provided for in Article 5, V, paragraph a and b of the Law 7347/85, c / c Article 225 of the Federal Constitution, informs the members of the Municipalities of the Basins of Rio Tubarão, Rio Braço do Norte, the Laguna Complex, the Basin Rio Tijucas, civil organizations and other legitimate, to propose this present suit, that they could join the process proceeding at present (Process. No. 2009.72.00.006092-4) and so prevent social, cultural, economic and environmental damages in the future.
Original text by Eduardo Bastos, translated by Luhk Zeller