Clipping of news on Brazilian Culture, Law and Citizenship
03/08/2012
This article was translated by an automatic translation system, and was therefore not reviewed by people.
For ministers, the interim measure that created the institute has handled the wrong way in the Legislature, a body should not be closed
The Supreme Court ruled on Wednesday, by 7 votes to 2, the establishment of the Chico Mendes Institute for Biodiversity Conservation (ICMBio) in 2007 was illegal. According to the ministers, the provisional measure (MP) who created the environmental agency has handled the wrong way in the Legislature. For the institute is not closed, the ministers gave a period of two years for Congress to reconsider the matter.
The discussion does not only affect ICMBio, but the entire rite of the interlocutory proceedings in Congress. Since 2001, an amendment to the Constitution provides that provisional measures may only be approved if assessed by a joint parliamentary committee before passing by the plenary of the House and Senate. However, few interim obeyed this rite, among the MP No. 366, which resulted in the law which separated the Brazilian Institute of Environment and Natural Resources (IBAMA) and created Instituto Chico Mendes.
The matter reached the Supreme Court in 2008, through an action of the National Association of IBAMA Servers. Besides pointing out the error in the legislative procedure, the association has accused the ICMBio have the same function as IBAMA, resulting in swelling of the public machine and unnecessary expense to society. Another action was attacked by the fact they were not characterized the criterion of urgency and relevance to address the issue through an interim measure.
In defense of ICMBio, the Advocate General of the Union, Luis Inacio Adams, argued that the creation of the institute was urgently needed because, at that time, the deforestation of the country progressed dramatically after three years of good indicators.
Most ministers agreed with this view, understanding that it is still the executive and the legislature to determine what is relevant to be treated by MP. "I note that, when it comes to the environment, the matter is always urgent. The planet can not wait for the protective measures of governments, "said Minister Ricardo Lewandowski. He and Minister Cezar Peluso were the only ones to vote against the illegality of the process that led to the creation of ICMBio. Both defended the thesis that the rite of proceedings for interim measures was tailored to the needs and urgencies of the two political branches.
On the other hand, the Minister Marco Aurelio Mello argued that the defect in the legislative proceedings of the MP ICMBio should result in the closure of the organ, no time limit for regularization. But the prevailing view that the problem can be remedied by the Congress.
Source: Ig News
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This article was translated by an automatic translation system, and was therefore not reviewed by people.