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Burning machinery from illegal gold miners is a common practice of environmental agencies

Credit: IBAMA

23 Feb 23

Supreme Court overturns Roraima state law that prohibited the destruction of environmental criminals machinery

The Federal Supreme Court (STF) unanimously declared unconstitutional a law of the state of Roraima that prevented the destruction of private property seized in environmental operations in the state. The decision was made in a virtual session and confirmed the injunction granted by Justice Luis Roberto Barroso in Direct Actions of Unconstitutionality (ADIs) 7.200 and 7.204, proposed by the Rede Sustentabilidade party and the Attorney General’s Office (PGR).

The thesis established by the Justices is that the state law violates the exclusive competence of the Union to legislate on Criminal Law and Criminal Procedure, to issue general rules for environmental protection and as an affront to the right to an ecologically balanced environment.

 

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