Court authorizes use of police force to halt construction of Belo Monte dam.

Luciano Nascimento - reporter for Agência Brasil

The Federal Regional Court of the 1st Region (TRF1) authorized the use of police force to ensure that the order to halt the construction of the Belo Monte Hydroelectric Plant, in Altamira (PA), is complied with, in accordance with the decision issued on the 13th. The ruling with the decision was published in the Official Gazette of Justice on the 20th and released today (22).

In its decision, which is equivalent to a first-instance court ruling, the TRF1 (Regional Federal Court of the 1st Region) states that the suspension of the Belo Monte installation license is valid "until the ordered measures are implemented, with IBAMA [Brazilian Institute of Environment and Renewable Natural Resources] responsible for monitoring and evaluating their faithful compliance," the ruling says. "Including the use of police force, if necessary," according to the decision.

In official letters sent to Norte Energia and Ibama, Judge Antônio Souza Prudente ordered the "immediate halt of construction work on the aforementioned hydroelectric project, under penalty of a fine of R$ 100 per day of delay."

Failures in resettlement

The suspension of activities was ordered after irregularities were found in the design of the houses offered to those affected by the impact of the power plant. According to the TRF1 (Regional Federal Court of the 1st Region), Norte Energia, the company responsible for the project, failed to comply with the conditions imposed in the environmental licensing process.

Among the irregularities are the size and material used for the construction of the residences. In 2012, the company told those affected that the houses offered in Altamira would have three different sizes: 60 square meters (m²), 69 m², and 78 m², according to the size of the family that would be displaced.

Later, the construction company informed that all properties would have the same size: 63 m², and that the houses would be made of pre-cast concrete, instead of masonry as had been announced.

Another problem identified was the location of the settlements. One of the licensing conditions stipulated a maximum distance of two kilometers between the resettlement site and the original homes of those affected. This rule, however, was not followed, leaving those affected excessively far from places of work and study, and without options for transportation.

In a statement, Norte Energia said it is awaiting access to the votes cast in the trial for evaluation and to take "appropriate legal action." The company argues that it "has been complying with the conditions contained in the current operating license, which authorizes the development of activities at the Belo Monte Hydroelectric Plant."