Por meio da Promotoria de Justiça de Meio Ambiente de São Luís, o Ministério Público expediu ofício ao Tribunal de Contas do Estado (TCE) para que este emita recomendação a todos os órgãos do Estado do Maranhão para que os editais de licitação sejam precedidos de licença ambiental. O Ofício nº215/2011 deu origem ao Processo nº7818/2011, que se encontra na Presidência do TCE.
A manifestação ministerial objetiva impedir que se realizem novas licitações pelo Estado e pelos municípios antes da existência de licença prévia emitida pelo órgão ambiental competente, assim como a revisão dos contratos já celebrados, especialmente os quesitos que tratam de recursos para cumprimento das medidas compensatórias de danos ambientais.
O promotor de Justiça Luís Fernando Cabral Barreto Junior explica que a medida tem a finalidade de proteger o meio ambiente e também o erário, que pode ser comprometido em ações de indenização propostas por danos, que poderiam ser evitados se, antes do começo de uma obra, todos os impactos ambientais fossem conhecidos e, nos custos do projeto, já estivessem previstos recursos para enfrentá-los.
“Além desses prejuízos, existe a hipótese de alocação de recursos e realização de licitação para obra insustentável, com perda de tempo e de recursos humanos e financeiros”, declarou.
Um dos fatores que motivou o ofício foi a análise dos documentos da obra do espigão costeiro, da Ponta d’Areia, na qual foi constatado que as sessões de habilitação e concorrência foram realizadas respectivamente em 6 de abril e em 23 de abril do ano passado, contudo, o licenciamento ambiental somente foi requerido em 17 de maio do mesmo ano, com a expedição da Licença Prévia nº159/2010 em 14 de setembro de 2010.
No documento, o promotor de Justiça lembra que o art.6ºIX da Lei nº8.666/1993 prevê que o projeto básico é composto de “conjunto de elementos, que assegurem adequado tratamento do impacto ambiental do empreendimento”.
“Da conjugação desses dispositivos é firme o entendimento, inclusive dos Tribunais de Justiça, de que somente se admite a abertura de edital de licitação para obras que possuam licença prévia”, afirmou Fernando Barreto.
Segundo o promotor, essa desconformidade pode gerar, ainda, problemas de natureza ambiental e financeira, pois sem a avaliação dos impactos ambientais e o licenciamento prévio concluídos, não há a mínima segurança de que todas as medidas compensatórias dos impactos negativos tenham recursos financeiros garantidos no contrato a ser firmado.
“Disso pode resultar defasagem no preço a ser pago, gerando aditivos não previstos, ou a produção de passivos ambientais anormais decorrentes da não-execução das medidas necessárias”, acrescentou o promotor.
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