13/05/2013
General repercussion: STF discuss jurisdiction over transnational environmental crimes Autor: Supremo Tribunal Federal
The Federal Supreme Court (STF) will judge the extraordinary appeal with Appeal (ARE) 737 977, in which he discusses the jurisdiction of the federal courts to adjudicate transnational environmental crimes. The case comes to illegal export of wild animals, and the question to be discussed by the Supreme Court is about the limit of its powers between the Federal and State Justices. The matter had passed generally recognized by the Plenary of the Virtual Court.
To demonstrate in favor of general repercussion, the rapporteur of the ARE 737 977, Justice Luiz Fux, noted that Brazil, as a signatory to international conventions and agreements ratified during the United Nations Conference on Environment and Development (Rio 92 ), its adherence to the Precautionary Principle. "According to this fundamental principle of international environmental law, people should establish mechanisms to combat the preventive actions that threaten the sustainable use of ecosystems, biodiversity and forests, legal phenomenon that all evidence implies apparent conflict of powers between the federal and state courts" said. On the other hand, stressed that there are violations of the environment do not affect on the world stage, and therefore no direct interest in the Union's demand to justify the actions of the Federal Court.
The minister Fux, the feature deserves to have the effect generally recognized constitutional issue because the treaty is relevant economically. "Every animal clandestine operation abroad, the country fails to inspect the destination and use of its native wildlife, in addition to not raise taxes," he explained. "It also has social repercussions, as fundamental rights of third, maybe fourth generation ensure everyone a healthy and balanced environment."
The manifestation of the rapporteur was followed by majority vote by the plenary Virtual.
