The Federal Regional Court of the 6th Region (TRF-6) suspended the prior and installation licenses of the Serra do Taquaril Mining Complexfrom the mining company thames, which is the target of contestations by civil society entities, the city hall of Belo Horizonte, the Federal Public Ministry (MPF) and the Public Ministry of Minas Gerais (MPMG). The venture is aimed at exploring the Serra do Curral area, which is considered a postcard of the capital of Minas Gerais. The decision handed down by federal judge Álvaro Ricardo de Souza Cruz and published yesterday (16) determines the immediate stoppage of any ongoing activities at the site.
In May of that year, the project was licensed by 8 votes to 4 at the State Council for Environmental Policy (Copam), a collegiate advisory and deliberative body linked to the State Secretariat for the Environment and Sustainable Development of Minas Gerais (Semad). With the decision, Thames was released to install the large mining complex with a useful life of 13 years in an area of 101.24 hectares. The project foresees the deforestation of 41.27 hectares of native Atlantic Forest vegetation.
The four representatives of the government of Minas Gerais defended the endorsement of the mining company, while civil society organizations with a seat in Copam – which include business entities and environmental groups – were divided. Two federal bodies also participated in the vote: the National Mining Agency (ANM), responsible for overseeing the sector in the country, is in favor of the Thames, while the Brazilian Institute for the Environment and Renewable Natural Resources (Ibama), autarchy federal government linked to the Ministry of the Environment, voted against the mining activity.
The decision by the TRF-6 that suspended the licensing responds to a request by the MPF in a public civil action that points to a violation of the rights of the quilombola community Mango Nzungo Kaiango. They would have learned about the mining project only through the press, which would be contrary to articles in the Federal Constitution that protect the culture of traditional peoples.
In addition, the MPF accused the non-compliance of the International Labor Organization (ILO). This is an international treaty ratified by Brazil that guarantees traditional populations the right to prior, free and informed consultation whenever any legislative or administrative measure is likely to affect them directly.
Located in Belo Horizonte, the Quilombola community Manzo Ngunzo Kaingo is made up of 37 families, totaling 182 people. It has been certified since 2007 by the Palmares Foundation, linked to the Ministry of Citizenship. It also has municipal and state recognition as intangible cultural heritage.
Unsuccessful at first instance, the MPF filed an appeal that was appreciated by Judge Souza Cruz. The magistrate considered that the licenses granted were null and void because there was a flagrant violation of the right to consultation of quilombolas residing in the project’s area of influence. “It is also evident that the start of installation activities authorized by the State pose a direct and immediate risk to the existential manifestation of the Manzo community”, he wrote.
THE Brazil Agency unsuccessfully tried to contact the Thames. On its website, the mining company states that it represents a new look at mining and that it respects the environment. “A series of counterpart benefits is included in Thames’ commitment in relation to Serra do Curral assumed with the State and the population as a way of offsetting the impacts. Many others are foreseen even without being an obligation of the entrepreneur. In other words, Thames will do much more than the law provides”.
In the face of civil society’s criticism of licensing, Semad maintained at the time that licensing processes involve extensive technical studies that serve as support for decision-making by members of the State Council for Environmental Policy (Copam) and also of the Chamber of Mining Activities (CMI) . The agency also highlighted the imposition of environmental and forest compensations.
On the other hand, civil society organizations have considered that environmental councils in Minas Gerais have become a mere space for legitimizing executive decisions. Last month, seven entities released a manifesto criticizing the way seats were filled, pointing to an emptying of social participation and resigning from their mandates.
Symbol
After the licensing of the Thames project by Copam, residents and environmentalists held demonstrations in different parts of Belo Horizonte defending the preservation of Serra do Curral. In addition to housing a great diversity of species of fauna and flora, it is considered a historical and geographical reference of the city. On its slopes, there are archaeological remains from the ancient camp of Curral Del Rei, which was chosen to give way to the capital of Minas Gerais at the end of the 19th century. water.
In 1995, Serra do Curral was elected a symbol of the capital of Minas Gerais in a referendum organized by the city hall, surpassing São Francisco de Assis Church, Lagoa da Pampulha, Praça da Liberdade and other references in the city. To encourage ecotourism in the region, the Serra do Curral Park was created in 2012. Covering an area of 400,000 square meters, it attracts those interested in hiking and has 10 lookouts.
Licensing also generated criticism from the city hall of the capital of Minas Gerais, which was not called to give its opinion. The region to be mined belongs to Nova Lima, although close to the limits that divide the two cities. The municipality neighboring the capital of Minas Gerais attested to the conformity of the project.
Since 1960, Serra do Curral has been considered a national historical and artistic heritage. However, the National Historical and Artistic Heritage Institute (Iphan) only listed the section that, with Avenida Afonso Pena as its central axis, extended 900 meters to the left and right. In practice, only the view from Belo Horizonte was protected. Portions located in neighboring municipalities such as Nova Lima and Sabará, where other smaller mining incursions have already left their marks, were left out. In 1991, the listing carried out by the Belo Horizonte City Hall of the entire area within the limits of the capital reiterated the protection that already existed.
Tipping
At the state level, a proposal has been pending since 2018 that could guarantee the preservation of still unprotected portions. There is a completed dossier, but still pending consideration by Conep (State Council for Cultural Heritage) and its inclusion in the agenda has been the subject of disputes.
In June, after demonstrations by civil society groups, Governor Romeu Zema published a decree declaring the Serra do Curral as a relevant asset of cultural interest. Days later, the State Institute of Historical and Artistic Heritage (Iepha) established provisional protection through an ordinance. Its validity would extend until the definitive analysis of the proposal for state registration. In practice, although the Thames licenses remained valid, mining activity in the Serra do Curral also came to depend on approval from Iepha.
The ordinance became the target of a judicial war at the state level. Its effects were suspended in a decision favorable to Thames. Later, they were reinstated by decision of the president of the Court of Justice of Minas Gerais (TJMG), judge José Arthur de Carvalho Pereira Filho. Although he validated the provisional protection, days later the magistrate complied with a request from the mining company and suspended a Conep meeting to discuss the final listing.
Pereira Filho also established the holding of conciliation hearings with all those involved. In September, after two meetings had been held, the city hall of Belo Horizonte abandoned the negotiations for disagreeing with the proposed schedule and appealed to the Federal Supreme Court (STF) for Conep to be authorized to assess the listing. The request, however, was denied by Minister Rosa Weber.
