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BRASILIA – Minister Rosa Weber, of the Federal Supreme Court (STF), suspended the validity of the resolution of the National Environmental Council (Conama) that allows the exploration of areas of sand and mangroves, ecosystems rich in biodiversity. The preliminary decision was appealed by the Sustainability Network and the PSB and is valid until the case is judged by the Plenary of the Court.
“I consider it sufficiently evident, since, at least in a preliminary ruling, that Resolution No. 500 (…) violates basic principles of the Constitution, denies adequate and sufficient protection to the fundamental right to a balanced environment that is established in it. ensures and promotes disorder in relation to international commitments of a supralegal nature assumed by Brazil and that configure the content of these rights, ”the magistrate wrote.
At the end of last month, Conama revoked two resolutions that provided for stricter regulations for the protection of areas of restinga and mangrove vegetation throughout the country. The council is chaired by the Minister of the Environment, Ricardo Salles. The repealed resolutions were an old demand from the civil construction and hotel sectors, among others.
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The revoked rules were No. 302 and No. 303. They defined specific criteria for the establishment of permanent preservation areas in regions occupied by subtractions and mangroves, two biomes rich in biodiversity. They provide, for example, that sandbar areas 300 meters from the sea line towards the mainland are considered environmental preservation areas.
With the order of the STF Minister, these two rules are back in force. The decision also determines that the third resolution revoked by Conama at that time, which intends to license irrigation projects, will be in effect again. In response, the MMA reported that the Attorney General’s Office will review the decision.
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Rosa Weber, however, rejected a second party request to suspend another Conama resolution that allows the incineration of pesticide residues in kilns used for cement production. The concern is that this combustion could release toxic substances into the atmosphere and contaminate the cement products subsequently manufactured in these kilns.
“Although it has negative points, as well as all the alternatives to it, controlled incineration is considered an adequate form of waste disposal. The need for its adoption is justified, given the limited capacity of landfills, to demand the diversification of waste management matrix ”, he explains in the decision.
Change is questioned
One day after the changes promoted by Conama, the Federal Court of Rio de Janeiro suspended the new rules. According to the order of Judge María Amélia Almeida Senos de Carvalho, of the 23rd Federal Court of Rio de Janeiro, the resolutions repealed by Conama allowed the “occupation and deforestation” of “sensitive ecosystems.”
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However, the decision was overturned by the Federal Court on August 2. In the decision, Judge Marcelo Pereira da Silva, of the TRF-2 Regional Federal Court of Region II, pointed out that it was an undue interference by the Justice in the Executive Branch because “there is no threat of damage to the environment.”
