The OAS (Organization of American States) asked Brazil to "immediate suspension" of the licensing process for the hydroelectric plant of Belo Monte, Rio Xingu (PA), causing "confusion" in the Brazilian government, the Foreign Ministry said in a statement.
In a document of April 1, the Commission on Human Rights calls for the OAS "to prevent execution of any work until they are observed minimum."
These conditions include further consultation with local indigenous communities, who should have access to a study of social and environmental impact of the work, and the adoption of "vigorous measures to prevent the spread of disease" among Indians.
The document, released on Tuesday by NGOs who oppose the dam, is signed by Santiago Canton, Executive Secretary of the Human Rights Commission.
This is a reply to the petition sent last November by the NGOs and the local indigenous communities, who claim they were not consulted "as appropriate" on the dam, which would cause "irreversible environmental impacts" in their lives.
In a statement issued Tuesday, the Foreign Ministry said the OAS requests are "hasty and unwarranted", saying the environmental aspects are being complied with "absolute accuracy" that the work complies with the Brazilian law was submitted to evaluation technique.
"Without minimizing the role that international systems of protection of human rights, the Brazilian government points out that the character of such systems is alternative or complementary, which is why their actions are legitimized only in the event of failure of domestic remedies", the statement said.
Penalties
Because of the complaint, the human rights commission has asked the OAS to Brazil information about the licensing process of Belo Monte, which refers to the country responded.
Experts say there is no immediate penalty if Brazil does not follow the recommendation of the OAS.But, in theory, the country is urged to follow the guidelines as a recognition of the legitimacy of the organization, says Paul Branch, a professor of public international law, PUC-SP.
If the recommendation is not followed by Brazil, the case can be taken to the OAS Inter-American Court - in this case, the decision would be binding, said Oscar Vilhena, a professor at FGV and also an expert in international law.
The outcome of the case in court is unclear, because it involves human rights violations in potential, not yet committed, says Brancher.Vilhena but notes that the Inter-American tends to align with the recommendations of the Commission on Human Rights.
A spokesperson for Northern Energy, a consortium responsible for the plant, did not comment on the recommendation of the OAS, saying it should be handled "within the state but added that the additional works to the plant, such as building schools and health centers on the outskirts of Belo Monte, are proceeding normally.
The construction of the plant is expected this month, according to a spokesperson, when they expect the final environmental permit from IBAMA.
Legal battles
Construction on the plant - work of the PAC (Growth Acceleration Program), the federal government - has faced several legal battles.
Your auction was suspended twice before finally being implemented in April 2010.
Last February, the Federal Court of Pará had overthrown the environmental license that prevailed until then considered by the North Energy had not fulfilled the preconditions for the commencement of construction.
On March 3, Federal Court allowed the work to be resumed, but still be appealed.
Such arguments are that the work would benefit 26 million Brazilians and that the project includes the preservation of flora and fauna, the transfer of affected communities and maintaining the flow of the Xingu River.