The decree, which allows irreversible impact on any cave, regardless of its degree of relevance, does not comply with constitutional principles. That’s what the Federal Department of State’s Chamber of Environment and Cultural Heritage (4CCR/MPF) defends in a document signed by Deputy Attorney General of the Republic Juliet Albuquerque, Acting Coordinator of the 4th Chamber.
The manifestation was sent to the Attorney General of the Republic, Augusto Araz, and to the Attorney General of the Federal District, so that any measures taken against the rule of justice could be assessed.
“We are faced with a normative act that further weakens the system of protection of the speleological heritage, which may lead to its sharp reduction, causing serious damage to the Union and all holders of the right to natural heritage,” the document says.
Presidential Decree No. 10.935/2022, published on Wednesday last week (12), allows for irreversible negative impacts on caves of maximum importance if the project is considered “publicly beneficial”, there is no alternative location, and it does not cause extinction. species that live in the cavity. In addition, the decree alters and lowers the very criteria that determine what a cavity of maximum importance is.
The 4th CCR emphasizes that natural underground cavities, archaeological and prehistoric sites are protected by the Federal Constitution and are considered the property of the Union. The Constitution provides for the inclusion of objects of historical, scenic, artistic, archaeological, paleontological, ecological and scientific value in the Brazilian cultural heritage, and it is the responsibility of the public authorities and society to protect them.