By revoking the injunction that prohibited the construction of the BR-421 highway inside the Guajará-Mirim State Park (RO) on Monday (17), federal judge Kassio Nunes Marques, from the Federal Regional Court of the 1st Region, in Brasília , determined the extension of the state road RO 420 in the Conservation Unit. According to the Federal Public Ministry, the magistrate “was misled” because the route of the highways is the same inside the park, which shelters isolated Indians and has already had two kilometers of deforested area.
The decision by federal judge Kassio Nunes Marques came two days after President Dilma Rousseff defended the road inside the Conservation Unit during a trip to Porto Velho. Governor Confúcio Moura (PDMB) and the population of Guajará-Mirim celebrated the decision, who protested last week against the magistrates and prosecutors responsible for the actions that question the work of BR 421.
As noted by the TRF of the 1st. Region, in the decision, judge Kassio Nunes Marques says that the extension of the state road RO 420 “is not about reopening” the BR 421 highway. He answered an appeal from the state of Rondônia. “The documentary information contained in the Agravo Regimental indicate that the extension of the BR 421 inside the Guajará-Mirim Park, prohibited by the sentence, and the construction of the access lane to the RO 420, although appearing in the same Guajará-Mirim Park, occupy quite different territorial positions.
After the decision of the TRF 1st. Region, the machines of the Department of Highways of Rondônia returned to the same place where the works of the BR 421, which provided for an opening of 10 kilometers, to extend the BR 420, with 11 .5 kilometers. The two roads connect Nova Mamoré to the BR 464 highway, in Ariquemes (202 kilometers away from Porto Velho). Governor Confúcio Moura announced that the work will be ready in ten days.
For the Federal Prosecutor in Rondônia, Felipe Albernaz Pires, one of the authors of the public civil action that won the injunction, the federal judge was “induced to error” in the decision when he was based on an appeal (regime grievance) of the State of Rondônia. The new lawsuit filed on Tuesday (18) called for the suspension of the work to extend the BR 420 at the TRF of the 1st. Region.
“The judge was misled by the State Attorney of Rondônia. The injunction that paralyzed the work of BR 421 prohibited the construction of any road around or inside the Guajará-Mirim State Park. In other words, the decision was not restricted to prohibiting a simple extension of the original route. Furthermore, this argument that the 420’s layout is different from the 421 is in bad faith,” he said.
same stroke
Federal prosecutor Felipe Albernaz Pires said that a study by Dnit (National Department of Transport Infrastructure) concluded that the section of RO 420 inside the Conservation Unit coincides with BR-421. “RO 420 is nothing more than a stretch of BR 421. It’s the same thing, only the judge simply ignored the evidence in the case records. In our view, it is a completely wrong decision”, said the prosecutor of the Republic of Rondônia.
According to a note sent by the press office of the TRF of the 1st. Region, by overturning the injunction on BR 421, federal judge Kassio Nunes Marques justified the state of emergency caused by the flood of the Madeira River (RO), which flooded part of BR 425, isolating the Guajará-Mirim and Nova Mamoré. Also the same argument of the State. “The measure (the extension of RO 420) will allow communities that were stranded to have access to medicines and social assistance”, says the magistrate.
Judge Nunes Marques says he is convinced that the work will have no impact. “I cannot see any harm in allowing an emergency and provisional extension of the RO 420 inside the Guajará-Mirim Park,” he said.
In the new appeal against the decision of judge Nunes Marques, the Regional Prosecutor’s Office of the 1st. Region asks the 6th Panel of the TRF of the 11th Region to restore the injunction that prevented the construction of the road. Prosecutors argue that “there are false and ulterior interests” in opening a road inside the Guajará-Mirim State Park and “false motive”.
“Now, an election year, the flooding of the Madeira River is being used as a false motive for political and economic interests”. “The BR 364 (Porto Velho/Guajará-Mirim) is closed. However, there is an alternative route by land, Line 29, and by river route, Costa Marques/Ji-Paraná, which are being used to supply cities. In addition, people in medical emergencies are being transported by army plane,” said prosecutor Raquel Branquinho, who was the target of protests in Guajará-Mirim.
The report sought advice from the TRF of the 1st. Region for judge Kassio Nunes Marques to comment on the MPF’s questions. The magistrate has not yet responded to questions from Amazônia Real until the closing of this matter.
The governor of Rondônia, Confúcio Moura did not respond to the questions in the report sent to his press office.
