Every 23 days on average, the MPF tries to remove Ricardo Salles from the position of Minister for the Environment. The institution understands that it acts on purpose – if there is intent – and calculation against the environment.
The prosecution’s initiative has so far met with resistance in court.
There has already been a postponement of a process, an incorrect distribution of an appeal, a delay in convening the minister – if the party is aware of the process – and even a challenge from the internal affairs of the MPF.
Twelve prosecutors filed an administrative lawsuit against Salles on July 6th.
Since then, in this action, they have been calling for the minister to be recalled immediately because of measures, omissions, practices and speeches that have led to what is known as the dismantling of environmental policy.
In view of the rejection by the judiciary itself in assessing the application, the prosecutors have appealed in series.
You have already had to appeal against the transmission of the lawsuit from Brasília to Santa Catarina. In another initiative, the public prosecutors reaffirmed the need to make a decision on deportation soon.
They also tabled a new appeal – an appeal to the second instance of justice – calling for an urgent decision on Salles to be removed. The public prosecutor also resorts to the same second instance against a decision by the judiciary that guaranteed the minister’s residence.
This step means a procedural act every 23 days on average to try to get Salles out of office.
Folha questioned the minister’s advisor about the MPF’s allegations and insistence on his impeachment. There was no response by the time this report was closed.
The most recent attempt to remove the Minister from the portfolio was an injunction filed with the TRF-1 (Federal District Court of the 1st Region) last week.
The prosecutor denied the decision of the federal judge Márcio de França from Brasília, who saw no “complete evidence” of the minister’s conduct against the trial and kept him in office.
The MPF insisted that Salles commit “deliberate dismantling of structures to protect the environment, configurators of administrative improbability”. According to the prosecutor, the minister is acting to dismantle norms, bodies, budget and inspection.
The injunction is the appropriate type of resource for matters considered urgent. In TRF-1 the reporter is the judge Ney Bello.
He has already tentatively decided (preliminary decision) that the first instance should rule on the request for urgent removal of Salles. The judge kept him in office.
However, the problem is not resolved. The 3rd committee of the TRF will vote in a process (3) planned for Tuesday, the responsibility of which is to assess the action. This analysis should have taken place a week ago, but has been postponed.
The last appeal filed by the MPF to remove Salles was distributed to another judge in the class and not to Ney Bello. This should delay decision making.
Called a “material error”, the procedure was corrected and the case was sent to the judge’s office on Thursday evening (29).
Halfway through, there was also a challenge from the MPF’s internal affairs department to have 12 lawyers in the lawsuit. Most of them come from the Amazon Task Force created by an act of the PGR (Attorney General). The lawsuit originally came from the federal prosecutor’s office in the federal district.
It is common to have multiple signatures in such proceedings in order to depersonalize the allegation. According to MPF members, the internal affairs process was eventually suspended.
The offensive in court continues without result. The final stage of the improbability lawsuit shows that the case records are “suspended pending judgment on another ground” – the pending appeals.
In terms of his portfolio, Salles is acting in fraud after the MPF’s last resort, and his actions “follow a logic that is completely contrary to the duty of the state to implement environmental law”. In this case, the injunction was signed by a single lawyer, Marcia Brandão.
“The effects of a weakening government are immediate, as shown by data on the increase in deforestation and the progress of illegal economic activity in areas with indigenous forests, including indigenous areas and conservation units,” the prosecutor wrote.
“Despite varying degrees of implementation of the rights, the successive administrations of the Ministry of the Environment have never devoted themselves to the task of disrupting or undermining state policies geared towards environmental protection, but rather to improve or strengthen them,” he said.
The effects of what he calls dismantling can be irreversible, stressed the MPF. “The deregulation of prohibitive measures, the demobilization of civil servants and the dismantling of inspections are permanent fronts for the weakening of the federal environmental authorities.”
Salles is acting deliberately, according to the appeal, and his continuity in the position of minister has led to the relaxation of regulations and the dismantling of the environmental inspection.
The MPF resource speaks of a “real erosion of institutions related to the environment”.
In the meantime, Salles continues to practice laws that make regulations and environmental inspections more flexible and increase deforestation and fires, according to the MPF’s understanding. At the same time, the minister is worsening the political crises in the Bolsonaro government.
First of all, Environment Chief Minister Luiz Eduardo Ramos (government secretariat) named “Maria Gossip” in a post on his Twitter account. Military ministers want Salles from the portfolio.
Then the minister called the mayor Rodrigo Maia (DEM-RJ) “Nhonho”, the spoiled chubby from the series “Chaves”. He then claimed that the publication took place when his account was misused by a third party.