ADI 6808
Direct Action of Unconstitutionality
Reporting Minister: Cármen Lúcia
This action also received the following seals:
CONTEXT
Provisional Measure nº 1040/2021 allowed economic activities classified as “low and medium risk” to automatically obtain environmental licenses without any prior analysis. Although the justification was to reduce bureaucracy in economic activity, the provision ended up benefiting, in practice, various activities with significant environmental impact, such as offshore oil transport, illegal mining, timber exploitation, fertilizer and agrochemical production, among others.
LAWSUIT
In the lawsuit, it was argued that the rule hindered the prior control of potentially harmful activities to the environment, transferring all responsibility to post-activity monitoring, which violated constitutional norms that guarantee broad protection to an ecologically balanced environment and health (Articles 170, VI, 196, and 225, caput and IV, of the Constitution), and represented a setback in the protection of fundamental rights.
RESULT
The STF ruled that the new rules were invalid, understanding that the principles of prevention and precaution require the Public Power to act to prevent environmental damage before it occurs.
IMPACT
Before the ministers voted, attorney Felipe Santos Corrêa criticized the change made to the law. He argued that the prior control was impeded, transferring all responsibility to monitoring activities, which are “notoriously deficient” and carried out after the license is obtained. “It is important to highlight the context in which this norm is inserted. It comes amidst a growing number of federal government regulations aiming at a supposed intention to simplify the control system. However, what is observed in these norms is that they do not bring any study, foundation, or elaboration demonstrating that this simplification will effectively benefit economic activity without violating other fundamental rights guaranteed by the Federal Constitution,” said Corrêa.