Deforestation, fines and gold mining: the first measures of Lula’s government to rebuild Brazil’s socio environmental governance

On his first day in office, president Luiz Inácio Lula da Silva (PT) signed the first decrees revoking or repealing measures adopted by his predecessor Jair Bolsonaro. The so-called “revogaço” (a package of repeals) was promised during Lula’s election campaign and targeted firearms policies, environment and secrecy practices involving public data. 

With regards to the environmental agenda, the president signed the following decrees: determined a 45-day deadline to finalize a proposal to regulate the National Council for the Environment (CONAMA, which was strongly damaged under Bolsonaro); ; reestablishment of rules to reopen the Amazon Fund (shut down by Bolsonaro in the first few months of this government) – both Norway and Germany announced R$ 3,3 billion of Fund resources for immediate release; revoked a decree permitting gold mining inside protected and sensitive areas that was signed by Bolsonaro;  resuming the Action Plan to Prevent and Control Deforestation, including all Brazilian biomes to reach the zero deforestation target; reviewed the norms for environmental fines and sanctions, excluding practises that led to impunity for environmental criminals (that were also weakened by Bolsonaro); established the permanent Interministerial Commission to Prevent and Control Deforestation engaging 19 federal ministries, including the Ministry of Climate and Environment, Agriculture and Livestock, Agrarian Development and Indigenous Peoples; the decrees also rearranged the civil society participation on the board of the National Environmental Fund and gave back to the Ministry of the Environment the control over the Rural Property Database (which was moved to Agriculture under Bolsonaro). 

On Monday January 2nd, Funai had its name changed: created in 1967 as the National Indian Foundation, it is now called National Foundation for Indigenous People.  FUNAI is now part of the structure of the newly established Ministry of Indigenous People. For the first time also, Funai is presided over by an indigenous woman, the former federal deputy Joenia Wapichana. 

On the same day, Minister Marina Silva canceled a norm created by former minister of the Environment Ricardo Salles that took away important technical attributions to Ibama’s environmental agents. According to  Brasil de Fato publication, the norm paralyzed Ibama’s inspections and law enforcement capacities. A survey by Estadao media showed that out of 1,154 infractions and fines issued after October 2019, when Salles changed the rules, 98% were not enforced or charged. Marina Silva also determined that infractions and fines must be made publicly available on the internet. During Bolsonaro’s government, the database on infractions and fines were made inaccessible. It was also determined that 50% of money raised with fines will be destined to the National Environmental Fund (FNMA), to support environmental policies. Minister Marina also said that more repeals and changes will be published in the upcoming days and weeks.