Participacao Popular e Perversao do Direito: Estudo das Alteracões do Conselho Nacional do Meio Ambiente

Abstract

The creation of the National Environmental Council (CONAMA) within the National Environmental Policy system created a binding participatory space for the creation of environmental public policies, due to its composition and functioning. However, Decree 9.806/2019 reduced and modified the participating sectors seats, in addition to other changes. The objective is to verify if Decree was able to change the levels of popular participation and the format of citizen action in the Council and if the change can be classified as one of the figures of perversion of law. The methodology encompassed a literature review, a case study and documental and jurisprudential analysis. We concluded that the amendment to CONAMA promoted by Decree 9.806/2019 is significant and implied a change in the relationship between the government and society, which is no longer a partnership, becoming an informative relationship. In addition, there is perversion of the Law in the figure escape of law, implying the disfavor of environmental protection.