ADI 7107
Direct Action of Unconstitutionality
Reporting Minister: André Mendonça
This action also received the following seals:
CONTEXT
Despite reports revealing a rising curve in deforestation and pollution levels in the Amazon Basin, the Federal Government issued decrees in 2022 that excluded or hindered control and oversight mechanisms of illegal mining activities in the region, even providing for tacit authorization for mining exploration.
LAWSUIT
The lawsuit argued that promoting such highly destructive activities to nature is incompatible with the constitutional system of environmental protection, especially due to violations of the principle of environmental defense (Article 170, VI of the Constitution) and the fundamental right to a balanced environment (Article 225, caput and § 1º, IV of the Constitution), as well as representing a setback in environmental matters.
RESULT
After the lawsuit was filed, the norms were revoked by the Federal Government.
IMPACT
“Not only did the Executive branch overstep by legislating without the participation of the National Congress, but the decrees also represent a clear environmental setback, which is also prohibited by the Constitution. By encouraging predatory practices in areas of environmental protection and indigenous territories, these norms pose risks of irreversible damage to ecosystems and affected populations,” writes Rafael Araripe Carneiro, from Carneiros Advogados, responsible for the action.