With a score of 6 in favor and 2 against, ministers decided to resume funding for conservation and inspection projects in the biome
Nelson Jr/SCO/STF 10/21/2021
the plenum of Federal Court of Justice (STF) this Thursday, 27th, formed a majority for the reactivation of the Amazon fund. With a score of 6 in favor and 2 against, ministers decided to resume funding for conservation and inspection projects in the biome. Returns are expected to be made within 60 days. The first thing to vote on this Wednesday, 26th, is the ministers Pink Weaverthe rapporteur of the case stated that the federal government fails to use funds from the fund. “The executive branch’s unconstitutional omission in relation to the public order functioning of the Amazon Fund affects various activities and operations of its operations, such as: B. the receipt of new resources, the analysis of new projects to be funded with the amounts already received in response to the results achieved by the Brazilian State in reducing deforestation in previous moments under the aegis of the 2008 Decree”. The Amazon Fund was established in 2008 and has been inactive since 2019 after two councils responsible for managing the resources were dissolved. The plenary session of the Supreme Court decides on the complaint PSOL, pt, PSB and network They accuse the Union of default, claiming that the federal government has pent up R$1.5 billion that could fund projects to protect the Amazon rainforest.
The minister Andre Mendonca disagreed with the rapporteur, saying she did not see government default, but rather unconstitutionality in the two decrees that modified the fund: “I understand that the appropriate path to a possible noncompliance with this decision should not be taken from a prospective perspective, but by dealing with a constitutional claim because it is implicit in the Supreme Court’s order to obey that order and consequently not to do so.” The Minister Nune’s brands followed Mendonça’s understanding, arguing that it is not for the judiciary to intervene in public environmental policy: “The acceptance of this measure would constitute an undue interference in the purview of the executive and legislative branches without the proper technical basis and necessary expertise being in place are to do”. This Thursday, Ministers Alexandre de Moraes, Edson Fachin, Luís Roberto Barroso, Luiz Fux and Dias Toffoli joined Rosa Weber’s vote and formed a majority. The trial in the case has been suspended and is expected to resume on November 3.