Federal Court postpones removal of Ricardo Salles from the Ministry of the Environment | federal District

The removal request was submitted by the Federal Public Ministry (MPF) in July. According to the agency, Salles promoted an “intentional alteration of structures to protect the environment.” The minister denies the accusations and says the request is an “attempt to interfere with public policy.”

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On October 14, Judge Márcio de França Moreira, of the 8th Federal Court of Mexico City, denied the granting of a precautionary measure to remove the minister. According to the magistrate, the MPF did not demonstrate how keeping Salles in office could jeopardize the analysis of the lawsuit.

Next week, the TRF-1 3rd Panel judges will review an appeal filed by the agency.

Prosecutors claim that the minister is promoting a deliberate dismantling of public policies aimed at protecting the environment.

“If there is no precautionary removal of the accused from the position of Minister of the Environment, the exponential and alarming increase in deforestation in the Amazon, a direct consequence of the deliberate dismantling of public policies aimed at protecting the environment, can lead to the Amazon Rainforest to no return ‘, a situation in which the forest can no longer regenerate, ”prosecutors said.

In the lawsuit, the MPF prosecutors affirm that “through actions, omissions, practices and speeches, the Minister of the Environment promotes the disruption of environmental policies and the emptying of legal precepts, by favoring interests that are not related to the purpose of the folder it occupies “.

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The request was presented to the Federal Court of Brasilia, but the judge ordered it to be sent to the Judicial Section of Santa Catarina, because there was already a similar request pending on the site. The MPF appealed and Judge Ney Bello determined that the action should remain in the capital.

In September, the MPF demanded a decision, claiming that keeping Salles in office would harm initiatives to preserve the environment. “The continuation of the accused Ricardo Aquino Salles as Minister of the Environment has brought, every day, tragic consequences to environmental protection, especially due to the alarming increase in deforestation, especially in the Amazon rainforest.”

On the occasion, Judge Márcio de França Moreira argued that there was no final decision on the jurisdiction of the Federal Court of Brasilia, and not that of Santa Catarina, to analyze the case. Therefore, he said that he could not analyze the request for removal presented by the MPF.

Then prosecutors turned to TRF-1 again. On Tuesday (13), judge Ney Bello ordered the judge to review the request immediately. The magistrate understood that the requirements to grant the precautionary measure were met. However, he said that, before, the request had to be analyzed in the first instance.

“However, in order not to incur in the undue suppression of the process, I believe that the request should be analyzed by the request of origin, which is allowed to give rise to a conflict of jurisdiction to the competent judicial body to resolve it.

After the judge’s determination, the judge rejected the MPF’s request. According to him, the prosecutors did not present evidence of possible interference by the Minister of the Environment in the development of the process.

“Only the effective demonstration of the obstacle created by the public agent to the procedural instruction, whose permanence in the workplace would be a facilitating element for the obstruction or concealment of evidence, would justify the measure of suspension and removal from public service, but Of the Background it is incontrovertible that the permanence of the public agent in the position of Minister of State for the Environment constitutes a threat to the investigation of this case.

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