In this case the plaintiff petitioned the court to order the defendants, a construction consortium in charge of building a dam and the Brazilian government to finance and organize the restructuration of the National Indian Foundation (FUNAI) in charge of redistributing the financial benefices of the dam to the local indigenous communities.

In a first judgement, in July 2010, the court followed the argumentation of the plaintiff and ordered the construction consortium to submit a plan inclusive of a restructuration of the department in the region the dam is being built.  This project would have aimed to manage compensation and social support for indigenous groups in the region, who say the dam will cut water supplies and fishing stocks.

In 2014, the Federal Public Ministry (MPF) triggered the court to order to the fulfilment of the condition that called for the reopening the regional offices of the FUNAI department in the area where the dam was being built. In the absence of implementation of the judgement, the MPF required that the consortium should be condemned to pay a fine. The defendants rejected the fine and claim stating it had not been informed of the judge's ruling.

On the 7th of January 2016, the federal court of Para, suspended the dam’s license and levied a 900,000 Rai fine against the licensee and the Brazilian government for failing to build a safety net for local indigenous communities. The judge claimed the suspension for the company in view of the Belo Monte dam’s failure to comply with previously established requirements.

Country: 
Brazil
Type of document: 
Court name: 
Supremo Tribunal Federal
Court jurisdiction: 
Reference number: 
Application No. 0011010-54.2015.5.08.0103 - RTOrd - 15/01/2016 do TRT-8
Number of pages: 
11
Justice(s): 
Valente do Carmo
ECOLEX subject(s): 
Seat of court: 
Altamira
Date of entry: 
Sat, 23 April 2016
Date of text: 
Thu, 07 January 2016
Data source: 
Source language: 
Portuguese, Brazil
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