Environmental licensing processes for new undertakings in Rio Grande do Sul must be evaluated by the National Historical and Artistic Heritage Institute (Iphan). The decision is by the Federal Regional Court of the 4th Region (TRF4), which determines that the Institute must participate in the processes regardless of the existence or not of cultural assets already registered.
The measure responds to the action filed by the Federal Public Ministry (MPF) and aims to protect archaeological sites not yet known or registered. Thus, the State Foundation for Environmental Protection (Fepam) and the State of Rio Grande do Sul must invite Iphan to participate in the environmental licensing processes in the state.
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In the action, the MPF points out that Resolution nº 357/17, of the State Council for the Environment in Rio Grande do Sul (Consema) , would put this heritage at risk, considering that it requires archaeological studies only in places where there are already cultural assets safeguarded in the area of direct influence of the enterprise.
When analyzing the evidence presented in the action, federal judge Maria Isabel Pezzi Klein, 9th Federal Court of Porto Alegre, underlined that the central issue “is to analyze the normative parameters adequate for the protection of the archaeological heritage of Riograndense as a whole. scientific treatment of all data and elements related to assets of prehistoric, historical, artistic and cultural value in Rio Grande do Sul and that can be found during the intervention processes promoted by the entrepreneurs”.
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The general coordinator of Iphan’s Environmental Licensing, Roberto Stanchi, explains that the lack of consultation with Iphan could result in the destruction of archaeological heritage that has yet to be identified. “It is necessary to carry out previous studies on the types of undertakings defined by Iphan, in accordance with Annex II of the Normative Instruction, to avoid damage to sites that have not yet been discovered”, he says, noting that this is what we call preventive licensing.
According to him, if Iphan is consulted in the right time, even at the beginning of the process, there is no risk of the work being suspended for having affected an archaeological site. “Done correctly, the Institute’s deadlines and requests do not cause damage to the entrepreneur”, he adds.
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environmental licensing
Environmental licensing and the protection of safeguarded heritage is a legal obligation shared between federal, state and municipal institutions. It precedes the installation of any enterprise or activity potentially destructive to the local culture or the environment.
The purpose of licensing is to ensure the sustainability of ecosystems in their physical, biotic, sociocultural and economic variability. In addition to considering the impact on archaeological, historical and cultural sites and monuments in the community.
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The Institute’s participation in environmental licensing processes is provided for in Interministerial Ordinance No. 60/2015 and Normative Instruction Iphan No. 1/2015. It is also supported by the provisions of Federal Law 3.924/1961; and in Decree-Law No. 25, of November 30, 1937; in Law nº 3.924, of July 26, 1961; as well as in Decree nº 3,551 and Law nº 11,483.
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Source: BdF Rio Grande do Sul
Editing: Marcelo Ferreira
