STF has majority to overturn Bolsonaro’s decree that reduced Conama

The Federal Supreme Court (STF) formed this Thursday (18) a majority of votes to confirm the unconstitutionality of the decree edited by former president Jair Bolsonaro to reduce the number of members in the National Council for the Environment (Conama). The decree ceased to be in force in February of this year, when it was revoked by President Luiz Inácio Lula da Silva. So far, six ministers follow the vote of the rapporteur, Rosa Weber, to consider the reduction unconstitutional. In December 2021, the minister suspended the rule outright, and the case is being analyzed definitively by the virtual plenary of the Court, a modality in which there is no in-person voting. By Bolsonaro’s decree, signed in May 2019, the number of Conama members was reduced from 96 to 23, among which ten are fixed representatives of the federal government and 13 rotating representatives drawn – five from states, two from municipalities, two from business sector and four from environmental entities. Conama Conama was expanded to more than 100 members in a decree signed by President Lula. The collegiate, created in 1981, has, among its attributions, the establishment of norms for environmental licensing, the analysis of penalties applied by the Brazilian Institute of the Environment and Renewable Natural Resources (Ibama), the definition of norms on urban pollution and the analysis of public and private projects that may have a high impact on the environment. The body is chaired by the Minister of the Environment, Marina Silva, and has, among its members, representatives of all ministries, of each of the 26 state governments and of the Federal District, of environmental bodies such as Ibama, the Brazilian Forestry Service, the Chico Mendes Center for Conservation and Biodiversity (ICMBio) and the National Water Agency (ANA). At least eight representatives of municipal governments and entities that have environmental agencies and municipal entities will have a seat on the council, respecting the regional distribution. Representatives appointed by the Navy, Army and Air Force will also join the council. From civil society, there will be 23 members, including representatives of environmental organizations, professionals in the environmental and sanitation areas, the union movement, rural workers, an indigenous representative, a member of the scientific community and representatives of business entities.

Agência Brasil