Neymar receives a fine of R$ 16 million for an artificial lake in Mangaratiba; understand the case
The athlete was fined for starting construction without obtaining the proper license, for moving earth without the necessary environmental authorization, in addition to disrespecting a court suspension order and entering the banned lake.
Photo Reproduction/Social networks
The player Neymar received a fine in the amount of more than R$16 million (R$16,010,000) due to the works carried out to create an artificial lake in his residence located in the AeroRural Condominium, in Mangaratiba, located in the Costa Verde of the State of Rio de Janeiro.
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The decision was handed down by municipal attorney general, Juraciara Souza Mendes da Silva, after receiving the inspection report drawn up by the Municipal Environment Secretariat, which contained 46 pages. The prosecutor understood that installation activities were carried out without the proper environmental control instrument, as stipulated by article 66 of Federal Decree 6,514/2008.
At first, the Municipal Secretary of the Environment stated that the fine imposed on the player could start at R$ 5 million, according to estimates and due to the environmental damage caused. However, he stressed that the final value would be determined only after analyzing the irregularities found. The fine applied corresponds to R$ 10 million.
Also according to the attorney, there was an earth moving without proper authorization, as established in article 254 of Municipal Law nº 1.209/2019. The infraction resulted in a fine of BRL 5 million. In addition, there was the suppression of vegetation without authorization, in accordance with article 189 of the same law, with the changes promoted by Municipal Law nº 1.209/2019, resulting in a fine of R$ 10 thousand. Additionally, there was deliberate non-compliance with an embargo, as there was access to the lake even after its interdiction, as established in article 79 of Federal Decree 6,514/2008. This action resulted in a fine of BRL 1 million.
The case
On June 22, the Mangaratiba Department of the Environment visited to verify a complaint of an environmental crime that had occurred on the property of the AeroRural Condominium. During the inspection, the construction of an artificial lake without the proper license was verified, in addition to the improper extraction of sand, stones and water from a river. The work in question was part of a reality show promoted by the Genesis Experience group and was immediately banned.
Survey
After receiving an anonymous complaint, an inspection was carried out whose report was signed by two biologists, a forest engineer, a sanitary forest engineer, a chemical engineer and an oceanographer. In addition, the secretary of Environment of Mangaratiba, Shayene Barreto, and the vice-president of Anamma (National Association of Municipal Environment Bodies), Antônio Marcos Barreto, who also holds the position of secretary of environment, were present at the inspection. Itaguaí provides technical cooperation to Mangaratiba.
Photo Reproduction/Social networks
On June 24, the secretariat returned to the site after photos circulated on social networks showing people, including Neymar, near the lake. Upon arriving there, the inspectors noticed movements in the area that were banned, which configures not only the non-compliance with the embargo, but also the occurrence of new environmental infractions. As a result, the athlete received a new fine.
Injunction
On June 30, Judge Richard Robert Fairclough, from the Mangaratiba single court, granted a request for an injunction made by the player's father to allow the release of the lake. The request was based on the allegation that the property had been subject to an administrative measure, resulting in an interdiction due to the construction of an artificial lake without an environmental license. However, the father argued that both measures were administrative in nature and were incapable of resulting in a ban. The magistrate accepted the argument presented and justified that the administrative sanction could result in a fine, this issue being defined during the process.
“I grant the preliminary injunction to suspend the effects of the sanctioning administrative act of interdiction, until otherwise decided”, determined the judge.
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According to the press office of Mangaratiba, the decision of the attorney general of the municipality is final and establishes a period of 20 days for the player to present an administrative appeal against the fines. After that period, if the appeal is not accepted, Neymar will be responsible for paying the fines to the municipality of Mangaratiba. There is also the possibility of seeking common law, as the player's father did last week, Neymar Santos, to obtain an injunction that suspends the interdiction of the lake.
In a statement, the Communication Department of Mangaratiba reported that, in addition to applying the fines considering the environmental damage caused and disrespect for environmental laws in force, it also reported the facts to the Public Prosecution Service, Civil Police, Environmental Protection Police Station and others. environmental control bodies.
