The Brazilian Association of Members of the Public Ministry of the Environment (Abrampa) issued a manifestation of repudiation against the proposal to extinguish environmental resolutions that today delimit the permanent protection areas (APPs) of mangroves and restingas of the Brazilian coast. The repeal of these rules opens space for real estate speculation in the vegetation bands of the beaches and occupation of mangrove areas for shrimp production.
Abrampa, a civil institution that brings together prosecutors and public prosecutors working in the legal defense of the environment, affirms that the repeal of the resolutions violates the legal dictates and “offends the principle of non-setback, which allows the Powers of the Republic only advances in environmental protection, while normative acts contrary to the evolution in environmental protection provide more legal insecurity and institutional instability “.
The repeal of the resolutions, says Abrampa, “still offends the principle of deference, as it lacks the necessary technical motivation to support reasonableness, in case of convenience and opportunity for discretionary decision.”
“The Rio de Janeiro Declaration of the 1992 United Nations Conference on Environment and Development reaffirms the importance and obligation of popular participation in environmental issues. The participation of civil society in making administrative decisions highlights social, ecological evolution and politics of the countries that signed the Escazú Regional Agreement, signed in Costa Rica, in 2018, covering the countries of Latin America and the Caribbean “, says the association.
According to Abrampa, the revocations can lead to a ‘galloping process of judicialization, to the detriment of legal security and to the detriment of the whole society. In this way, the association asks that votes be removed from the agenda. The document is signed by Cristina Seixas Graça, president of Abrampa and prosecutor of the MP in Bahia.
At the Conama meeting this Monday, the 28th, the government intends to repeal two resolutions (302 and 303, from 2002) that, today, are the instruments for the protection of mangroves and sandbanks, the bands with vegetation commonly found on dune areas , on beaches in the Northeast.
Parliamentarians went to court to try to stop the meeting scheduled for Monday morning. The population action is signed by Nilto Tatto, Enio Jose Verri and Gleisi Hoffmann. If the meeting continues, the action requests that the collegiate board of Conama stop voting on the resolutions that were included in the agenda for the day.
The government’s argument is that these resolutions were covered by laws that came later, such as the Forest Code. Environmental experts say, however, that these resolutions are still applied today, as they are the only legal instruments that effectively protect these areas.