Understand the emptying of the Environment and Indigenous Peoples – 06/02/2023 – Environment

The provisional measure of the Esplanada dos Ministérios approved in Congress this week emptied the Ministry of the Environment and Climate Change, led by Marina Silva (Rede), and the Ministry of Indigenous Peoples, led by Sonia Guajajara (PSOL).

The dehydration of the environmental folders entered into the balance of power dispute of President Lula’s government (PT) in the House and Senate. The Planalto Palace chose as a strategy to preserve the Civil House, of Rui Costa (PT), and to give in to pressure from the ruralist bench in the other two, so as not to let the measure expire.

The structure of the Esplanada was determined by Lula right at the beginning of the government and increased the number of ministries from 23 to the current 37.

Next, understand the main points of dispute between environmentalists and ruralists in the federal government’s policy and how the attributions of the portfolios are with the changes.

What has changed

The structure of the Esplanade approved in Congress removed the CAR (Rural Environmental Registry) from the Ministry of the Environment and placed it under the Management folder.

He also transferred the ANA (National Water and Basic Sanitation Agency) from the environmental portfolio to that of Integration and Regional Development, commanded by Waldez Góes —indicated by União Brasil, despite being licensed from the PDT.

Sinisa (National Information System on Basic Sanitation), Sinir (National Information System on Solid Waste Management) and Singreh (National Water Resources Management System) left the Environment and went to Cities, by Jader Filho .

Competence for the demarcation of indigenous lands, which was with the Ministry of Indigenous Peoples, passed to Justice, Flávio Dino.

Impacts

The changes were heavily criticized by Marina Silva and Sonia Guajajara.

The demarcation of indigenous lands is at the heart of the Lula government’s indigenous policy. At the last Terra Livre Camp, in April, the president announced the approval of six new territories, after four years without any new demarcation during the Bolsonaro administration.

With the change, Funai remains responsible for carrying out anthropological studies to identify and determine the area of ​​peoples’ rights.

From then on, however, there are changes. Before, Sonia Guajajara’s team would analyze the material and, if approved, forward it to the Civil House, which would then forward it to the Presidency, for the final demarcation. Now, that step will be up to the Ministry of Justice.

“The withdrawal of the attribution of the declaratory act from the Ministry of Indigenous Peoples, certainly, takes away our autonomy”, said Guajajara after the defeat. She stated, however, that she trusts that Minister Flávio Dino and Lula will maintain their commitment to expedite the demarcations.

Marina Silva’s portfolio lost the CAR (Rural Environmental Registry), an instance that originally belongs to the Environment, but which had been passed to Agriculture during the Bolsonaro administration and which returned to its origins in the new PT government.

The CAR is the main instrument for cataloging rural properties and monitoring environmental crimes committed by landowners.

Registration in the registry is mandatory and, upon entering it, the rural owner also undertakes to follow a plan to preserve the environment, which includes reforestation in case of deforestation beyond what is permitted.

Recently, for example, Ibama (Brazilian Institute for the Environment and Renewable Natural Resources) has cross-referenced CAR records with other systems to identify and carry out operations against ranchers who committed illegal deforestation or sold beef from cattle in an irregular situation.

The ANA is responsible, among other functions, for regulating sanitation institutions, in addition to managing water policies and access to water.

The change in solid waste management is also criticized by Environment members.

“I honestly don’t understand the logic, because the whole part of regulation, formulation, technological advancement in this agenda [dos resíduos] have to do with Brazilian environmental management,” said the minister.

“They want to change the Esplanada provisional measure to implement the Bolsonaro government in the Lula government,” he told Sheetat the end of May.

Historic

When president, Jair Bolsonaro (PL) decided to empty the Ministry of the Environment, then led by Ricardo Salles, now a federal deputy.

The Forestry Service, CAR and ANA were removed from the environmental portfolio. The first two went to Agriculture and the last to Regional Development.

In the first days of government, through the Esplanada provisional measure, Lula and Marina undid these alterations and returned the organs to the Environment. The Ministry of Indigenous Peoples was also created, a campaign promise, which took control of Funai (National Foundation for Indigenous Peoples).

As shown to Sheetparliamentarians made an offensive to change these parts of the provisional measure and presented amendments to resume the organization chart of the old management.

The amendments wanted to return CAR to Agriculture, ANA to Regional Development and Funai to Justice —extinguishing the indigenous portfolio.

With no strength in Congress, Lula ended up giving in to ruralist pressure in part.

On the same day that Congress approved the report that dehydrated the environmental folders, the Chamber also approved the urgency of the time frame —the project was approved by the plenary this Tuesday (30)— and the bill of amnesty for deforestation, with a “jabuti” that loosened the Atlantic Forest Law.

harm reduction

Now the government is studying ways to reduce the damage.

After the setbacks in Congress, Lula gathered Marina and Sonia Guajajara, along with Rui Costa and Alexandre Padilha (Institutional Relations).

According to interlocutors told the Sheetthe president assured that, regardless of the sector where instruments such as CAR and land demarcation are located, his management will fulfill the commitment to preserve the environment and the defense of indigenous peoples.

During the meeting, Lula discussed with the ministers the possibility of carrying out, for example, shared management of both the demarcation of indigenous lands and the CAR.

The government is now looking for alternatives to build this structure that depend only on rules internal to the Executive. For example, the publication of ordinances.

One of the possibilities, for example, is that both the CAR and land demarcation decisions are endorsed by the Environment and Indigenous Peoples, respectively.

Another is the creation of councils, headed by the Civil House, but with the presence of members of these departments, to act in the process of each of these instruments removed from their original areas.

According to those present, the tone of the meeting dictated by Lula was that the government will ensure the implementation of environmental policies.

At the meeting, no conclusion was reached on the best solution. The alternatives of vetoing or judicialization, however, were discarded.