Kassio secures decision on fishing for 25 months at the STF – 02/27/2023 – Environment

Minister Kassio Nunes Marques did not keep his promise to release, in the second half of 2022, the judgment by the plenary of the STF (Supreme Federal Court) of his individual decision that authorized trawling on the coast of Rio Grande do Sul.

The magistrate released the practice in December 2020 in a lawsuit filed by the PL, Jair Bolsonaro’s party. The court order was praised by the former president but widely criticized by environmentalists.

The fact that the minister held the action for more than 25 months without submitting it for analysis by the court as a whole is also the target of criticism.

In July 2022, the magistrate told the Sheet who would release the case for consideration by colleagues by the end of the year. The process, however, is still stalled in his office. Sought again, the magistrate said that the case will go to trial before June.

The minister took office at the STF on November 5, 2020. Less than two months later, on December 15, he gave a monocratic decision to declare unconstitutional the Rio Grande do Sul law that prohibited trawling within 12 nautical miles of the coast on the grounds that it is only up to the Union to legislate on the maritime area.

The magistrate reversed the decision of retired minister Celso de Mello, who was the rapporteur of the case until he retired and opened the vacancy that was occupied by Kassio.

Environmentalist organizations and parliamentarians from Rio Grande do Sul have pressured the minister to revoke his court order or submit it to the plenary.

Despite Kassio’s decision, trawling has still not been resumed because the activity was suspended by the Federal Court and by the TRF-4 (Federal Regional Court of the 4th Region).

Environmental specialists, however, claim that judicial disputes in lower courts have generated legal uncertainty and that it is necessary for the Supreme Court to affirm in a collegial and definitive manner that state legislation of this nature does not violate the Constitution.

What is trawl fishing

The activity in question is an industry practice in the sector that takes place in several countries around the world. A large net is dragged by boats across the ocean floor and collects virtually everything in that area.

Thus, in addition to the fish that are used for commercialization, others also end up being caught by the nets and then discarded, in most cases lifeless.

Fishermen claim that, as the activity has been suspended for over two years, the maritime configuration has already changed and many animals that have never been seen in the region have reappeared.

The article united the entire political milieu of Rio Grande do Sul. Leaders from PT, Bolsonarists and all ideological hues came together to pressure Kassio to unlock the issue in court.

This is because, in most cases, trawling on the coast of Rio Grande do Sul is carried out by vessels based in Santa Catarina — that is, Rio Grande do Sul bears the environmental burden, but without the economic benefit.

In Santa Catarina, politicians have defended the decision. Bolsonaro published a video on social media alongside the then Special Secretary for Fisheries, Jorge Seif, and then Senator Jorginho Mello (PL).

Last year, Seif became a senator, and Mello, governor, both on Bolsonaro’s ticket.

“The decision [de Kassio] gave back to the fishermen of Santa Catarina, Paraná and also of Rio Grande do Sul the possibility of continuing this activity, which is very important for their existence. Migrated to Argentina [os peixes] and the loss was more than R$ 300 million per year in both harvests”, said the current head of Santa Catarina’s Executive.

Initially, Celso de Mello rejected the PL action to resume trawl fishing in Rio Grande do Sul. The magistrate cited reports that indicated a threat to the ability to renew fish stocks and reduce catches.

“The preservation of the integrity of the environment: constitutional expression of a fundamental right that assists the majority of people, qualifying as a duty-power that is also imposed on the member states”, highlighted Celso at the time.

Kassio, however, had the opposite understanding and stated that it was not up to the federal entity to make legislation that is the exclusive competence of the Union.

“If there is federal normative action in the definition of public fishing policy, the contested state legislation cannot be in conflict with that”, he said.

Trawl fishing has been the subject of controversy for a long time. On the one hand, companies claim that the practice, if carried out correctly, is not harmful to the environment and helps in food production.

On the other hand, researchers say that the modality is harmful to the environment and leads to marine environmental imbalance.

Due to an increasing fishing effort, certain types of fish disappeared from close to the coast in all regions of Brazil. In addition, by going further afield in search of new species of marine animals, the boats also end up destroying coral reefs.

There is no official estimate of the damage, but reports show that, in an area not yet explored, 4,000 kilos of coral are captured in just one net launch.