The Agricultural Engineer Nelson Tembra returns to the site Acorda Pará, to tell the readers, with details, the true "Cross Way" that he has been facing in the case that involves the environmental licensing of the project bauxite of the Company Vale do Rio Doce, in the municipal of Paragominas.

Before to present his reasons and to show the documentary evidences, he highlighted what constitutes the main focus of the lawsuit, making a small analogy inside of the area of professional performance of the own Magistracy. "Imagine that a Magistrate modified the essence of an Opinion or Vote of another Magistrate, without the authorization and the knowledge of the same; and did those modifications violate legal norms and did they benefit those in fact what infringed the laws and that the former, that was signatory, susceptible to answer to process before their pairs in the tribunals? It is what happens in the present case, kept the due peculiarities among the juridical and technical" sciences.

He laments the verification that neither the lawyers of the Company Vale do Rio Doce seem nor to have read the process, or that they just try to win time with measured procrastination. "The facts are thoroughly documented and proven in the Solemnities and already analyzed. Not for a lot, but by Regional Council of Engineering, Architecture and Agronomy - CREA/PA, through the Opinion of the Technical Consultantship, of December 15, 2004, having been ratified through the Juridical Opinion nr. 156/05, of the Lawyer's Plowing Dr. Franklin Rabelo of Silva, of March 14, 2005, and of Counselor Reporter's last Opinion, Civil engineer Luiz Sérgio Campos Lisboa, of April 14, 2005, object of the Decision of nr. 20, on the Process 5445/2004, of the Ordinary Plenary nr. 977 of CREA/PA, approving the Opinion of the favorable Reporter to the denial of the Resource with suspense effect presented by the professional Geologist Ana Brígida Figueiredo Cardoso, regarding the cancellation of her Annotation of Technical Responsibility nr. 234.557 - which would be aiding the licensing juridical support close to SECTAM - recommending that the orientations are maintained emanated by the Technical Consultantship in his Opinion of December 15, 2004. Still more, through the Ruling of the Technical Consultantship of CREA/PA to the President of the organ, after knowledge on the part of the Specialized Camera of Agronomy about the Plenary Decision of this Council, and of the Opinion of the Public prosecution service of the State of Pará, the orientation was in the sense of the determination to be accomplished and to consider null Annotation nr. 234.557, by direction to the competent section for the execution of that procedure, in other words, CREA played its part and annulled, indeed, the irregular Annotation.

The technical responsible highlights that: we are not discussing the merit of contractual brake or if the proposals in the Plans and Programs of Environmental Control approved by SECTAM are the most advantageous for the State of Pará. That is attribution of the State, through the General office of Environment. Although convict that the approved proposals are not the best ones for the State; the one that we are discussing is the violation of copyrights and the improper use of our registration protected in law, while company and graduate liberal professional in Agronomic Engineering and Environment. As fiscal of the law, it falls to the State Public prosecution service to investigate the irregularities and, if like this understands, to enter with a Public" Civil Action,

Tembra still tells that, on June 01, 2003, CASAVERDE was hired for the elaboration, under regime of global taskwork, of the Plans and respective Programs of Environmental Control to the Studies of Environmental Impacts, aiming at the obtaining of the Licenses of Installation, regarding the plowing, improvement and pipeline. For him the environmental project it should work as a contract between the company and the state, and this last one ends up not possessing the legal instrument of collection of that that doesn't consist in the licensing project, and, like this being, all and any action of the company, out of those parameters, it can only be considered so only "of free initiative", the company only does if it wants. Unhappily, the company is right whenever it comes to public to affirm that it is acting in voluntary way", any that is the case, inside of this context.

The Plan of original Environmental Control was executed by a technical team mounted under general coordination of CASAVERDE, responsible for the elaboration of the plans and programs, divided in 04 volumes. "Besides our participation as Legal Technical Responsible of CASAVERDE close to CREA/PA, because I am accredited through the Annotation of Technical Responsibility nr. 166.263, of April 30, 2002, of acting of Position or function of Technical Responsibility, the consultants' team was constituted of professionals that act in the main teaching institutions and research of the area, among them the Museum Paraense Emílio Goeldi - MPEG, the Federal University of Pará - UFPA, Rural Federal University of the Amazonian - UFRA and the University of the Amazonian - UNAMA. It also participated in the elaboration of PCA other “paraense” company, specialized in engineering geology, - the TERRA AMBIENTE - contracted by CASAVERDE to act specifically in the elaboration of 05 (five) plans of the area of engineering geology.

Tembra insists on the defense posture that got to assume in relation to the Project Bauxita of Paragominas highlighting. "Among the entities public or private, active in the whole area, we were one of the few ones, if not the only ones to leave in defense of the project openly, through the Newspaper 'O Liberal', which, in spite of the judicial demand that it faced with the Company Vale do Rio Doce, it published in the page 2 of the notebook 'PAINEL' of February 15, 2004, matter of whole page, where we left in defense of the Vale do Rio Doce, criticizing the Government of the State of Pará in the measure in that this conditioned the liberation of Project Bauxite's previous license to certain compensations, in our understanding improper, that they were demanded in change by the loss of the metallurgical pole of Maranhão. In synthesis: While worried with the neighbor's projects, the State of Pará forgot to establish legally, through the environmental licensing, the best and fairer compensations of the Project Bauxita of Paragominas in the Plateau Miltônia 3."

Lamentably, it already elapses more than one year from the protocol of the several representations close to the main organs involved with the environmental subject, in other words, SECTAM/PA without the engineer and his company receiving sending of plausible answers, and without the due providence being taken. It is "sad the verification that, differently that it happens in Pará, in any other place or civilized country there would not have need of lawsuit entrance, position that the own environmental organs would already have, in the exercise of the occupation, adopted the reasonable" legal measures.

The expressed recommendations in the Opinion of the State Public prosecution service; requesting that it was officiated to SECTAM in the sense of the non renewal of the License of Installation 067/2004, as well as that License of Operation was not granted to until the subject was solved, lamentably, they still didn't have effect. Contradicting the legal recommendations, in 28 of last close June the COMPANY VALE DO RIO DOCE turned public, through the newspaper DIÁRIO DO PARÁ', that it received on June 22, 2005, of SECTAM, the renewal of the installation license under nr. 102/2005 with validity from June 15, 2005 to July 14, 2006, for installation of the infrastructure for plowing and improvement of bauxite ore, in the municipal district of Paragominas, State of Pará.

On another side, the recorded authors' several applications, mainly close to SECTAM, denouncing the irregularities and requesting providence, much less they were assisted satisfactorily or they were unknown simply, being the license of installation of the plowing and improvement renewed solemnly, even after the environmental agency it was informed, in skilled time, on the cancellation of the Annotation of Technical Responsibility of Geologist Ana Brígida Figueiredo Cardoso by CREA/PA, as well as about the Opinion of the State Public prosecution service. In fact, according to the documents, the renewal of the environmental license of installation contradicted the Opinion of the own juridical consultantship of SECTAM, that suggested that this Organ, in the request of suspension of the license, awaited that the subject was decided in extent of Regional Council of Engineering, Architecture and Agronomy - CREA/PA, so that she was able to, with a larger group of elements, to decide concerning the granted license, besides, applying to the case Art. 19 of the Resolution nr. 237/1997 of National Council of the Environment - CONAMA, which treats of the possibility of the Environmental Organ in to suspend or to cancel, sent licenses.

The Engineer considers of extreme importance to do a chronological retrospective of the facts for best to evaluate the posture and the direct behavior of government entities or indirectly involved in the subject: "Previously, we will analyze close to with larger depth the initial process of licensing by the General office of Environment. Well then, it is verified that the project for bauxite extraction, in the municipal district of Paragominas should be implanted starting from four (04) engineering works properly said and a mining activity. In this last case, it would be able to it, also, consider as a work of the engineering of mines.

Among the mentioned works, the construction and operation of a highway and the implantation and operation of a transmission line, in spite of the possibility of the concessions, they are works typically of responsibility of the public power. On the other hand, works clearly of private domain of Company Vale do Rio Doce they are the plowing, the improvement and the pipeline, that should be under the direct control of that private company.

It is verified, still, in the process, that they were released of separated EIA/RIMA the works of public character, in other words, the highway and the transmission line. This understanding flows of the fact that these two works, subject to the specific evaluation of environmental impacts, they were inserted in a single EIA/RIMA, that involves the opening of the mineral plowing and the construction of the improvement plant.

Another EIA was demanded for the implantation of the pipeline. "In our understanding they don't exist plausible elements that they allow to evaluate or that they justify the reasons of the dismissal of EIA/RIMA together for the public works, or the inclusion of the same ones with the private works of the Company Vale do Rio Doce". There would be already there some subjects of a quite recent past, related to the liberation of the previous licensing of the enterprise, that they would need explanations; who would say of the most recent irregularities of the license of installation of the works that are in franc development, as if nothing irregular it had happened, while the possible future environmental damages to the treasury would be more and more irreversible, and no legal providence is taken by the Public Power. We reminded that this theme was object of wide report again published in 'THE LIBERAL', of February 15, 2004, NOTEBOOK PAINEL - POLÍTICA/ECONOMIA, of journalist's Frank Siqueira authorship, where we were interviewed, and from that date we already alerted for the fact that Pará suffered, and it can still come to suffer, the threat of losing the prerogative of licensing projects in the mining area, infrastructure and electric power. We also already alerted on the retreat risks with the change, and that the "benefits" seem "voluntary attitude" because the State, as everything indicates, doesn't know how to take advantage of the legal devices linking the expedition or renewal of the environmental licenses to their legitimate interests, so that the environmental study of the project of bauxite exploration was done exactly - and only - as the company wanted."

Before the facts above, we remain to lament that the legitimacy of the licensing of the referred project is totally committed, and, inside of that reasoning, the works should, at least, be paralyzed. With the word the authorities of the State of Pará!