Melia Angra Resort Brazil: Case Goes to the Supreme Court

Spanish Hotel Group in Turmoil Over Controversial Development Resulting in Environmental Destruction

. October 14, 2008

In a move that is bold, risky, and disrespectful towards the environment, Spanish hotels and resorts group Sol Meli'a and its Brazilian partner, a construction company Jo~ao Fortes Engenharia announce the inauguration of a huge resort (hotel and private apartments) in Angra dos Reis, an ecological sanctuary in the state of Rio de Janeiro, Brazil.

The Spanish Sol Meli'a hotel company is completely incompatible with a company that uses the environment as an appeal to potential customers, and has received certificates from environmental organizations including Emas, Tui, Green Globe, Iso, and others.

Meli'a's stated policy for the environment: "The commitment of Sol Meli'a with the environment took the hotel group to orient its activity under the principles of sustainable development..."

What they do not announce is the situation of the obviously-illegal resort in Brazilian courts: two lawsuits for the protection of the environment against the aggressions of the resort - BEING BUILT IN ENVIRONMENTALLY PROTECTED AREA, REGION WHERE ATLANTIC FOREST IS PRESERVED, AND ADJACENT TO PIMENTA ISLAND, A "ZVS" (ZONE OF WILD LIFE PRESERVATION) - still pending, in which the plaintiff in both is the Federal Public Ministry, which has constitutional duty to protect the environment according to article 129, III, of the Brazilian constitution.

Meli'a and its partners refused all suggestions from the Federal Public Ministry and the Ministry of the Environment to make corrections on the project to make the resort less aggressive.

Public Ministry authorities vow to fight fiercely in courts for the environment.

In a series of non-final decisions, courts have halted and liberated the construction 3 times, which is a strong indication of something wrong, and the construction goes on, allowed by a temporary court decision. Only because the construction company Jo~ao Fortes, Meli'a's partner in the undertaking, has political connections is the reason this is happening. Mr. M'arcio Fortes, a Brazilian politician, is a director of the Jo~ao Fortes Engenharia construction company, which is building the resort together with Meli'a.

THE ENVIRONMENTAL LAWSUITS PENDING Against Meli'a Angra Resort

The pending lawsuits at the present time:

1) Public Civil Lawsuit in the Federal Court of Angra dos Reis, which asks for the demolition of different parts of the resort, with stronger reasons (illegalities) for some specific parts. Plaintiff: Federal Public Ministry

http://www.jfrj.gov.br/nsiapro/jfrj/consulta/cons_procs.asp

In "N'umero processo", fill with 200351110007395, click "Pesquisar". The lawsuit (its data and steps) is shown on the court's site. The defendant COSTABELLA EMPREENDIMENTOS IMOBILIARIOS is a company fully owned by Jo~ao Fortes Engenharia, the construction company which is building the resort.

Public Ministry authority (Procurador da Rep'ublica) in charge of this lawsuit: Mr. Andr'e Dias, telephone in Angra dos Reis: 24 3365 6243

http://www.prrj.mpf.gov.br/internas.php?arquivo=institucional%2Fenderecos.html

Click on "Angra dos Reis".

2) Lawsuit in the Superior Court of Justice, asking for the construction to be stopped until the main lawsuit, that of item 1, is judged.

http://www.stj.gov.br/webstj/Processo/Justica/

Click on "Consultas", then on "Processos". In "N'umero de REGISTRO no STJ" fill the blank with 2008/0008342-1 and then click on "Consultar". The lawsuit containing the appeal to the Supreme Court (Recurso Extraordin'ario) is shown on the court's site.

Public Ministry authority (Sub-Procurador Geral da Rep'ublica) in charge of this lawsuit: Mr. Aur'elio Rios, telephone in Bras'ilia: 61 3031 5307 or [email protected]

http://www2.pgr.mpf.gov.br/procuradores/Subprocuradores-gerais

THE REPORTS ISSUED BY AUTHORITIES ABOUT MELI'A ANGRA RESORT

1) The Ministry of the Environment, through a branch called Ibama (Brazilian Institute for the Environment) issued a 7 page report analyzing the resort. The report was signed by Sylvia de Souza Chada, Environmental Analyst, Chief of the Regional Office in Angra dos Reis, Dion'izio Moraes Pessam'ilio, Environmental Analyst, Ernesto Bastos Viveiros de Castro, Environmental Analyst, Chief of the Technical Division- RJ.

THE REPORT - Final considerations:

The elimination or filling with earth of mangrove vegetation is only allowed by law in cases of public utility, and this is clearly not the case. Being so, the solution to the problem must be the determination to the company responsible for the earth filling to demolish the constructions already initiated, to remove the earth used in leveling the terrain, and to recuperate the mangrove.

In the calculation of the estimated cost of the recuperation and its execution time, the possibility of using the correspondent resources in the recuperation/protection of other areas must be taken into consideration. That is, the applications of those resources in nearby areas may generate benefits that are much superior to the simple recuperation of five hectares of leveled land.

The acceptance of this possibility would create conditions for the signing of a new agreement, that would direct the solution to the problem towards the issuance of a license for the undertaking conditioned upon the investment of resources in several existing activities for the recuperation and preservation of the environment. Naturally, such an agreement would not free the undertaker to make the necessary corrections in the project in order to attain compliance with the issues tackled in this report, mainly in respect to the marina and the building located on the protection strip of land of the Caputera River - and by the FEEMA itself.

We stress also that the participation of the environmental agencies involved is essential, together with the Public Ministry, in signing and in supervising the activities proposed, in consideration of the history of disrespect for the previously signed agreements and licenses issued.

In any case, we recommend that the process of licensing should only be concluded after the decision of the Federal Court in the Civil Public Lawsuit proposed by the Federal Public Ministry, as established in item c:

2) The Fourth Chamber of Coordination and Revision of the Federal Public Ministry issued a 54 page meticulous document analyzing problems and illegalities of the resort. Below are the transcriptions of its title and its conclusion.

The report was signed by Alessandro Filgueiras da Silva, Expert Analyst in Biology, Marcos Cipriano Cardoso Garcia, Expert Analyst in Forest Engineering, Sheila Telles Meyer, Expert Analyst in Sanitary Engineering, Francisco Ubiracy Craveiro de Ara'ujo, Law Advisor.

CONCLUSION

With support on what is exposed in this Technical Information, we conclude that the implantation of the Meli'a Angra Resort, Marina & Convention is incompatible with the restrictions imposed to the occupation of the Areas of Permanent Preservation, that exist for the Glebe "O", part A, "Saquinho de Itapirapo~a, as contained in the environmental law, notably in Law n.o 4.771/65, the Forest Code.

Is is also necessary to note that the environmental licensing did not follow the legal formalities, notably the Law number 6.938/81, the Decree number 99.274/90, and the Resolutions CONAMA 001/1986 and 237/1997.

We stress that, through the Official Letter, dated 20th February 2003, it was conveyed to all the Public Ministry Authorities representing this Chamber for the Environment and Cultural Assets in the states and municipalities that homologation of agreements that intend to regularize constructions on Areas of Permanent Preservation would not be taken into effect, if the technical impossibility for the recuperation of the environmental damage is not proved. This is the information."

INTERNET SITES

Curiously, some (but not all) sites of Brazilian newspapers and TV that were reporting the Meli'a case, removed the content.

SOME SITES THAT DID NOT REMOVE THE MELI'A CASE CONTENT:

http://www.ecoagencia.com.br/index.php?option=content&task=view&id=994&Itemid=50

http://www.diarioon.com.br/arquivo/3262/economia/economia-3623.htm

http://www.codig.org.br/meliadeangra.htm

SOME SITES (NEWSPAPERS, TV, AND OTHERS) THAT REMOVED THE MELI'A CASE CONTENT:

http://www.ivt-rj.net/clipping/clipping03.cfm?clip_id=1853

http://odia.ig.com.br/odia/interior/it060901.htm

http://www.estadao.com.br/ciencia/noticias/2003/fev/13/299.htm

http://www.crea-rj.org.br/crea/not0044.php?page=193

http://www.tvjustica.gov.br/programacaoDia.asp?dia=66850