Understand why the STJ denied compensation to a group that linked fish falls to hydroelectric plants in RO
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Aerial view of the Jirau Hydroelectric Plant - Powerhouse and Right Bank and Spillway Jirau Plant/ Disclosure The Superior Court of Justice (STJ) ruled that the companies responsible for the Santo Antônio and Jirau plants, in Porto Velho, do not need to pay compensation to a group of people who said they had been harmed by the reduction in fishing after the construction of the hydroelectric plants.
Aerial view of the Jirau Hydroelectric Plant - Powerhouse and Right Bank and Spillway
Jirau Plant/ Disclosure
The Superior Court of Justice (STJ) ruled that the companies responsible for the Santo Antônio and Jirau plants, in Porto Velho, do not need to pay compensation to a group of people who said they had been harmed by the reduction in fishing after the construction of the hydroelectric plants.
The decision was unanimous and changed the understanding of the Rondônia Court of Justice (TJRO), which had recognized the right to compensation. For the ministers, there was a lack of evidence that the authors of the action actually worked as fishermen and that they suffered losses caused by the plants.
The authors stated that the number of fish decreased after the construction of the hydroelectric plants and that this affected their main source of income. Therefore, they asked for compensation for the earnings they had stopped receiving over the years.
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When analyzing the case, the STJ understood that it is not enough to claim that there was a reduction in fishing in the region. According to the Court, it was necessary to prove that each of the authors was directly affected and suffered financial losses due to the activity of the plants.
Rapporteur of the process, Minister Antonio Carlos Ferreira stated that compensation cannot be based solely on assumptions. For him, the alleged losses needed to be proven during the course of the action.
The minister also highlighted that the Rondônia court recognized the right to compensation even before confirming points considered essential to the case, such as the professional activity of the authors and the existence of losses.
As a result, the STJ decided to reject the compensation request and awarded the case to the companies responsible for the plants.
g1 sought out the Santo Antônio and Jirau plants to comment on the decision, but did not receive a response until the last update of this report.
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