To obtain concession of environmental licensing close to the Environmental Agency - Executive Secretariat of Science, Technology and Environment -SECTAM, the Companhia Vale do Rio Doce frauds documents for implantation of Paragominas Bauxite Project, it is what affirms the public prosecution service of the State of Pará.

The State
In normative agent's quality and regulator of the economical activity, the State owes – or in the present case, it would owe - to exercise, in the form of the law, the fiscalization functions, incentive and planning, being this decisive one for the public and indicative section for the private section (Federal Constitution Art. 174);

The Ignorance
As for the allegation of the reverse that the Code of Mining, in its art. XXXV, houses the beginning of the indeclinability of the state jurisdiction when there is lesion or even the simple threat to right.
Will it be that still the Federal Constitution was not presented to the Code of Mining yet? Or will it be that a infraconstitucional law as the Code of Mining is superior to the our Larger Law?

The Fraud
On April 27, 2004, Companhia Vale do Rio Doce turned public, through publication in the periodical “Diário do Pará”, that it requested, on April 19, 2004, from the Executive General office of Science, Technology and environment of the State of Pará –SECTAM/PA the License of Installation for extraction and improvement of bauxite ore in the municipal district of Paragominas.
It is good to stress that CVRD made use of the professional seal and the authors' of the Action NTR (Notation of Technical Responsability) on top of modified plans without the due authorization, seeking the obtaining of Installation License, as we will try, along the present work, to demonstrate.

The Diligence
It happens that the swindled company, through its technical representative close to SECTAM/PA, had the unpleasant surprise of verifying that the Plan of Recovery of Degraded Areas –PRDA, on the plowing and the improvement, suffered significant alterations and technical omissions in relation to the original content registered in CREA/PA (Engineering, Architecture and Agronomy professional Council), without the authorization or participation of the same ones, and, still, that the Companhia Vale do Rio Doce maintained in the works recorded close the Environmental Organ the indication of the authorship and technical responsibility of the petitioners in the instruction of the process that originated the expedition of the License of Installation for the plowing and improvement. Like this, the Companhia Vale do Rio Doce violated, in a flagrant way, emanated dispositions of the Federal Law # 5.194/66, that regulates the exercise of Engineer's professions, Architecture and Agronomy.
To obtain concession of environmental licensing close to the Environmental Agency - Executive Secretariat of Science, Technology and Environment -SECTAM, the Companhia Vale do Rio Doce frauds documents for implantation of Paragominas Bauxite Project, it is what affirms the public prosecution service of the State of Pará.

The Partnership
SECTAM, through a well elaborated report by the plowing of Dr. Socorro Flores, learned Juridical Advisory, in conclusion she adduces:
“I suggest, of that it sorts out, that this Organ awaits that the subject is decided in extent of Regional Council of Engineering, Architecture and Agronomy-CREA/PA, so that we can, with a larger group of elements, to decide concerning the granted license, besides, applying to the case the art. 19 of the Resolution # 237/1997 of CONAMA, which it treats of the possibility of the environmental organ in to suspend or to cancel sent licenses.”
Joining with the intelligence now married, the CREA-PA, of objective form, clear and unquestionable, in the conclusion of her opinion, directed through the Occupation # 150/SECAM/ASTEC/04, of 22.12.04, like this asserts:
1. TO CONSIDER NULL NTR # 234557, IN THE TERMS OF THE ITEMS 1 AND 2 OF THE ARTICLE 9th. OF THE RESOLUTION # 425/98 OF CONFEA (Engineering, Architecture and Agronomy Federal Council);
2. TO SUE THE PROFESSIONAL GEOLOGIST ANA BRÍGIDA FIGUEIREDO CARDOSO FOR, VIOLATING TO ART. 6th, B, OF THE LAW # 5.194/66, FOR TAKING RESPONSIBLE TECHNICALLY FOR INCOMPATIBLE ACTIVITIES WITH THEIR PROFESSIONAL ATTRIBUTIONS, CHARACTERIZING EXORBITANCE OF ATTRIBUTIONS.
The own CREA-PA decided “to DENOUNCE TO THE public prosecution service ABOUT the OMISSION OF MANIFESTATION OF SECTAM concerning THE REQUESTS OF THIS CREA-PA, CONTAINED in the OCCUPATIONS DIRECTED TO THAT GENERAL OFFICE.”

Council
He affirms the Promoter of Justice of Para that the opinion of the CREA-PA could not be different, because, in agreement with the legislation, CVRD could not register a second main ART, because any request is not demonstrated by the contracting company nor the refusal or agreement of the contracted for the procedure of the technical modifications. Therefore, CVRD could not yet register co-responsibility NTR's, for the authors they have not been notified about, like this way, CVRD could not register co-responsibility NTR linked the authors' of the present action main NTR.
In synthesis, the process of environmental licensing of installation of the plowing and improvement of the Paragominas Bauxite Project was instructed by plans and programs modified without the authors' expressed approval, “validated” for an NTR without juridical value, registered inopportunely, for professional without specific attributions, according to recognition in decision of the competent organ (CREA-PA). As we see there was the practice of a true one “environmental fraud”, in other words, CVRD obtained the advantage of the expedition of the License of Installation for the extraction of the bauxite ore, using the registration and the authors' professional prestige, possibly inducing SECTAM “to the mistake”, in a fraudulent way.

Festival
The true “festival of irregularities”, in the process of environmental licensing, it demonstrates the intention of the company mineradora of exempting from fairer compensations to the State, for the extraction of the mineral resources, probably, for if they constitute actions that request larger financial payments.

The Justice
However, the Justice as fiscal of the law, it cannot ignore or to be connivent with the improper use and the technical responsibility of somebody else, inputing the authors to administrative sanctions, civil, penal and criminal for environmental problems of the implantation and operation of the enterprise. Great part of the true environmental problems elapses of the development lack and the worst pollution is the poverty.

The comparison
If we compare original PRDA registered under the authors' technical responsibility with PRDA modified by the CVRD, that subsidized the liberation of the License of Installation for plowing and improvement,it is easy to conclude that, in this last one, the proposed technology - and that it was approved by Sectam/Coema - it means to assume that, after the removal of the ore, the recomposition of the vegetation will be made by the own nature, with little or almost any investment of the entrepreneur, and without inserting the area already modified by the mineral extraction to the place productive section in a maintainable way, through rational plantings, larger movement of materials and inputs, more circulation of taxes, and through the use of forest species with commercial value, that they would be able to and they should have economical destination, besides the production of the vegetable coal, raw material of the which so much CVRD needs.
In synthesis, the maintenance of original PRDA that had been adulterated in the licensing process it would mean the obligation of the CVRD in investing about US$ 10 million for the recovery of degraded areas by the bauxite ore extraction in the Plateau Miltônia 3. But they don't want that. In Pará, in our interpretation, what has been happening–and in the most recent case it happened to the Project Bauxita of Paragominas – it is that nor Coema, that has wide representation in the civil society, and nor the own population, in the public audiences, they have been removing advantage of those dispositions of the environmental law.
It is sad the verification that, differently of what it happens in the State of Pará, in any other place or civilized country, probably, there would not be the need of lawsuit proposition, position that the competent environmental organ would already have, of occupation, in the extent of their attributions, assigned of adopting the reasonable legal providences, affirms the Promoter of the environment.

Understanding
He also adduces that it causes species and disturbance the opinion of the plowing of the worthy and intelligent Attorney of the State, Dr. Ibrahim José das Mercês Rocha, that, in the situation in comment on, he concluded requesting “that the demand was judged unfounded, in what it concerns the Obligation of Doing, regarding LI'S 067/2004 cancellation, by SECTAM”. He Excels, like this, the Promoter continues, for the uncompromising defense of the irresponsibility of the government organs, in the treatment of the environment, as well as he shares with that true one “environmental undue appropriation”, perpetrated by the Companhia Vale do Rio Doce - CVRD, when, in an illegal way and who knows criminal, where it used a Plan of Recovery of Degraded Area, integral of the Plans and Programs of Environmental Control - PCA'S, being exempted from the concession of fairer compensations to the legitimate interests of the State.

The conclusion
This position, according to the Promoter of Justice there is no doubt for the public prosecution service except the prohibition of the License of Installation of Bauxita Plateau's Project Miltônia 3, belonging to the Company Vale do Rio Doce -CVRD, since it has been seen that there were considerable violations of environmental legal norms on the part of the reverse, norms those that are powerful tools of social control are considered to guarantee the balance of the compensatory actions between the State and the deprived initiative, in the implantations of great projects of mineral exploration and of all and any other activity potentially pollutant and capable of causing significant environmental degradation, as in the case to the long commented on.
The State public prosecution service, in the person of the Promoter of Justice of the environment, requests that it is officiated to SECTAM, so that the License of Installation is not renewed # 067/2004, valid until May 25 of the year in course, emitted in favor of the reverse (Companhia Vale do Rio Doce) and that also License of Operation is not granted, until that it is solved that perlenga definitively.