STF Afasta cobrança de percentual sobre o valor da obra para xndenização a danos ambientais
| Autor | Ricardo Sitzer |
| Ocupação do Autor | Sócio de Do Val, Pereira de Almeida, Sitzer e Gregolin Advogados. |
| Páginas | #4 |
Os preceitos atacados afrontam os princípios da legalidade, da harmonia e independência entre os Poderes, da razoabilidade e da proporcionalidade, bem como obrigam ao pagamento de Indenlzação prévia sem a comprovação da ocorrência de dano ou cálculo de sua extensão, permitindo o enriquecimento sem causa do Estado. Segundo o relator da ação, Carlos Ayres Britto, a lei teria criado uma compensação financeira entre o Poder Público e as empresas que Implementam projetos de relevante impacto ambiental, devendo esta arcar, ao menos em parte, com os custos de prevenção, controle e reparação dos impactos negativos ao meio ambiente. Votou pela improcedência total do pedido, declarando constitucionais os dispositivos atacados. O ministro Marco Aurélio, em seu voto-vista, considerou inconstitucional a fixação de prévia IndenizaçSo sem antes saber qual o real dano causado, uma vez que o pagamento vincularia a própria...
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