MPMG asks Justice to suspend concerts and non-sporting events in Mineirão

The action requires that the measure be adopted by Minas Arena and the Municipality of BH until obtaining the proper environmental license and permit for these activities. MPMG asks that the entities be sentenced to pay R$50 million for the collective environmental moral damage already caused.

The Public Prosecutor’s Office of Minas Gerais (MPMG) has filed a Public Civil Action with a request for urgent relief requesting that Minas Arena be prohibited from carrying out concert hall activities and non-sporting events at Mineirão, in Belo Horizonte, until it obtains an environmental license. and permit of location and operation for this type of activities. The measure would not apply to sporting or other events that do not depend on licensing.

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The lawsuit also asks that the Municipality of Belo Horizonte be sentenced to refrain from granting licenses for events and shows in Mineirão based on Municipal Law 9063/2005, since, according to the MPMG, it is proven that the simplified licensing adopted is not being efficient to control the noise pollution caused in the place.

In addition, the MPMG asks that a fine of R$500,000 be set for each event or show held and authorized in violation of any court decision, without prejudice to criminal liability for the offense of disobedience, in the event of non-compliance.

It is also requested, at the final judgment of the ACP, the joint condemnation of Minas Arena and the Municipality of Belo Horizonte to pay compensation for the collective environmental moral damage caused, in an amount not less than R$50 million. The measure takes into account the illicit economic gain resulting from the degrading activity, the number of events held in the last five years – around 220, excessive deceit and disregard for the health of the population.

irregularities

According to the MPMG, the Mineirão, after undergoing the adaptation works to meet FIFA’s requirements for the holding of the World Cup and submitting to corrective environmental licensing before the Municipal Environment Council of Belo Horizonte, received an environmental operating license, valid for 10 years, until 01/15/2023, and location and operation permit, valid until the same date, which allow you to hold sporting events. Thus, other events should be licensed as temporary, based on Municipal Law 9063/2005.

It so happens that, according to the 16th Prosecutor’s Office for Housing and Urbanism of BH, what was the main activity of the enterprise (sports games) became occasional, and sporadic activity (musical concerts) became the rule. “In fact, the defendant Minas Arena understood that using the stadium for musical events is economically more profitable than holding soccer matches. So, without any authorization from Organs competent bodies, it made changes to the stadium’s internal plan, such as eliminating parking spaces provided for in the environmental license for the creation of nightclubs, as well as subletting several internal and external spaces to event producers, such as way to increase its profitability”, says an excerpt from the ACP.

In this way, spaces such as parking lots, tribune and esplanade became the stage for events and shows, many with an audience of over 60 thousand people, without any concern with the implementation of measures to mitigate the impacts, in particular, acoustic treatment, since, among the several problems reported by the surrounding residents, “noise pollution is without a doubt, what most affects the environmental quality and people’s lives, especially those carried out in the external parts, parking lot and esplanades”.

For the MPMG, it is no exaggeration to say that, in almost all major events and musical shows held on the lawn, parking lots and esplanade, noise pollution is observed, due to the absence of effective environmental control measures.

During the course of the Civil Inquiry, MPMG held several meetings with the company to gather information and evaluated how various events were released and carried out in the place, since 2017, in addition to collecting complaints from several residents of the region regarding noise pollution caused by holding concerts and festivals.

According to the ACP, there is no need to talk about the mere right of neighbors and disturbance of peace, but about noise pollution, since the maximum limits provided for in municipal legislation are frequently being exceeded. “The violation of the environment is not restricted to the residents of the establishment’s surroundings, but to everyone who is exposed to it and cannot be individually identifiable”, defends the action.

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