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PROCESSO POR HOMICÍDIO NA TRAGÉDIA DE ALGODÕES PRESCREVEU, MAS O MPF AINDA QUER A CONDENAÇÃO DE WELLINGTON DIAS POR DANO AO MEIO AMBIENTE

01/05/2019 20:27 - Atualizado em 01/05/2019 20:44

Wellington escapou do julgamento por homicídio culposo, mas MPF ainda quer o julgamento pelo dano ao meio ambiente (foto: Jailson Soares | politicaDinamica.com)

Há alguns meses, um feliz governador Wellington Dias (PT) anunciou à imprensa que estava livre do processo que respondia por homicídio culposo no caso do rompimento da Barragem de Algodões. Dez anos após a tragédia daquele 27 de maio de 2009, o crime prescreveu sem que Wellington Dias fosse a julgamento. Mas a responsabilidade por outros supostos crimes ainda podem ser um problema na vida do petista.

Está marcada para o próximo dia 15 de maio de 2019 o retorno à pauta de julgamento do Superior Tribunal de Justiça a APn 874/DF. Esta é a ação penal que apura a suposta prática dos crimes de dano em Unidades de Conservação (art. 40 da Lei 9.605/98) e de poluição, com resultado de tornar área imprópria para a ocupação humana e de interromper o abastecimento público de água de uma comunidade (art. 54, § 2o, I e III, da Lei 9.605/98), em decorrência do rompimento da Barragem de Algodões.

Além de Wellington Dias figurar como réu, a ex-presidente da EMGERPI Lucile Moura era corré na ação penal. Mas por falta de foro privilegiado, a parte do processo que trata das responsabilidades de Lucile Moura no episódio foi desmembrada e remetida à Justiça Comum do Estado do Piauí.

Espera-se que, desta vez, haja pelo menos um julgamento que os declare inocentes ou culpados.

Os artigos pelos quais Wellington e Lucile são acusados são os seguintes:

Art. 40. Causar dano direto ou indireto às Unidades de Conservação e às áreas de que trata o art. 27 do Decreto nº 99.274, de 6 de junho de 1990, independentemente de sua localização:

Pena - reclusão, de um a cinco anos.

Art. 54. Causar poluição de qualquer natureza em níveis tais que resultem ou possam resultar em danos à saúde humana, ou que provoquem a mortandade de animais ou a destruição significativa da flora:

Pena - reclusão, de um a quatro anos, e multa.

§ 2º Se o crime:

I - tornar uma área, urbana ou rural, imprópria para a ocupação humana;

III - causar poluição hídrica que torne necessária a interrupção do abastecimento público de água de uma comunidade;

Pena - reclusão, de um a cinco anos.

O QUE DIZEM OS CITADOS

O Política Dinâmica entrou em contato com o advogado Germano Tavares, que faz parte da banca de advogados que defende o governador Wellington Dias. Ele diz que “nos processos que tenha como parte o senhor José Wellington Barroso de Araujo Dias, a defesa só irá se manifestar nos autos do processo e/ou quando houver o trânsito em julgado da ação”.

Não conseguimos contato com a defesa de Lucile Moura. O espaço está aberto para manifestações.


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