Unanimously, the STF (Supreme Federal Court) restored this Tuesday (14) rules for the protection of restingas and mangroves. The guard had been overthrown by Conama (National Council for the Environment) in 2020, then chaired by former Environment Minister Ricardo Salles.
According to the STF decision, Conama’s resolution 500 is unconstitutional. The sentence is the result of two allegations of non-compliance with a fundamental precept, one required by the PT (Workers’ Party) and the other by the Sustainability Network.
In September 2020, Conama —already restructured by the Jair Bolsonaro (PL) government and with greater decision-making power in the hands of the federal sphere — approved resolution 500, which revoked resolutions 284/2001, 302/2002 and 303/2002.
The revocation drew attention because resolutions 302 and 303 affect APPs (Permanent Preservation Areas). The 302 deals with the edges of urban springs (such as the Billings Dam, in São Paulo). On the other hand, 303, for coastal strips, such as mangroves and restingas —both areas of great importance for preservation, due to the environmental services they provide.
Finally, resolution 284 dealt with environmental licensing for irrigation.
The revocation of the 302 and 303 directly benefited real estate projects close to beaches, known as “foot in the sand”.
Conama’s decision almost immediately began to be challenged in the courts, being suspended at the end of September, and already taking effect in the first days of October 2020.
At the end of the same month, however, Minister Rosa Weber granted an injunction that suspended resolution 500 until the judgment of the actions required by PT and by Rede Sustentabilidade.
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