RIO DE JANEIRO, BRAZIL – A decree published last year by the Bolsonaro government establishing the “conciliation centers” designed to assess IBAMA and ICMBio fines before they can be legally challenged, has virtually halted the punishment of environmental crimes in Brazil. This is the claim made by the Climate Observatory based on data collected under the Access to Information Act (LAI).
Decree 9.760, of April 2019, suspended the collection of fines until a conciliation hearing was held. The measure, designed by Environment Minister Ricardo Salles, was justified as an attempt to compel the monitoring bodies to reach an agreement, thereby preventing the need for legal dispute.
However, the survey showed that, since then, IBAMA has held only five hearings out of a total of 7,205 that were scheduled. ICMBio has conducted none. In practice, no fines were enforced from the time the decree went into force, until last August (the latest date of the documents accessed).
The examination and technical documents collected by the Climate Observatory mobilized a group of opposition parties – PT, PSB, PSOL and Rede – to file a suit this weeky at the Federal Supreme Court (STF) seeking to annul the decree.
“The summons is only the beginning of a sanctioning process. The defendant has the right to a defense. Collection only occurs when the fine is considered due. But what we have seen is that the proceedings have not even begun,” explained on Thursday Suely Araújo, an expert from the Climate Observatory. According to her, the only fines paid in the period were imposed before the conciliation became effective.
The Ministry of Environment has not yet commented on the case nor on the poor performance of the conciliation center.
Source: O Estado de S. Paulo