ADPF 748
Arguement of Non-compliance with Fundamental Precept
Reporting Minister: Rosa Weber
This action also received the following seals:
CONTEXT
In 2020, the National Environmental Council (Conama) revoked a series of regulations that ensured minimum environmental protection standards for biomes located in areas of dunes, mangroves, and coastal restingas in Brazil. Furthermore, Conama removed environmental requirements for irrigation projects and reduced limits on Areas of Permanent Preservation (APPs) in artificial aquifer reservoirs.
LAWSUIT
The lawsuit argued that the revocation of environmental protection norms and the removal of environmental requirements for irrigation projects, along with the reduction of APP limits, violated the principles of efficiency, motivation of administrative acts, and legality (Article 37 of the Constitution), the prohibition of social and environmental retrogression, as well as the fundamental right to a balanced environment (Article 225 of the Constitution).
RESULT
The STF ruled that Conama’s actions were unconstitutional and reaffirmed that retrogression or unjustified reductions in environmental protection parameters are not permissible. The Court stated that the revocation of these norms “leads to genuine ecological degradation of essential ecosystems, compromising the integrity of essential ecological processes, and the loss of biodiversity, as well as an increase in the destruction of legally protected vegetation cover.” As a result, the previous regulations were reinstated.
IMPACT
Felipe Santos Corrêa, the lawyer involved in the case, stated, “Conama’s Resolutions represent the minimum protection level that must be observed throughout the country, which is why the hurried revocations promoted by the Ministry of the Environment have a very high potential for harm.”