| Law

Constitutional issue prevents STJ from analyzing revocation of agroecological zoning rule for sugar cane

The suspension of the repealing decree was determined in the first instance at the request of the Federal Public Ministry

18.12.2021 | 08:21 (UTC -3)

STJ

As this is an eminently constitutional matter, the president of the Superior Court of Justice (STJ), minister Humberto Martins, understood that it is not up to the court to analyze the request for reversal of the effects of the decision of the Federal Court of Amazonas that suspended the Decree 10.084 / 2019, which revoked the Decree 6.961 / 2009 – the standard deals with the agroecological zoning of sugar cane and requires the National Monetary Council to establish guidelines for financing operations for the sugar and alcohol sector in the biomes involved.

The suspension of the revoking decree was determined in the first instance at the request of the Federal Public Ministry. According to the decision, the Union must prove, within 180 days, the technical studies that led to the revocation of the previous rule. The court also ordered the Union to reestablish the effects of Decree 6.961/2009.

The first instance decision was upheld by the Federal Regional Court of the 1st Region. In the request for suspension addressed to the STJ, the State of Bahia claimed that the court decision causes damage to the regional public economy, as it prevents the expansion of sugar and alcohol activity in that state.

Cause of action is agricultural policy

Minister Humberto Martins explained that the cause of action is based on a constitutional issue linked to non-compliance with agricultural policy, environmental protection and regional development.

According to the president of the STJ, in the preliminary decision that suspended the effects of the most recent decree, the court cited as its basis the right to an ecologically balanced environment (article 225 of the Federal Constitution) and stated that the integrity of the environment cannot be compromised by business or economic interests (article 170, item VI, of the CF).

"Thus, considering the constitutional nature of the demand, it is unfeasible to analyze the suspension", concluded the minister when he was unaware of the request from the State of Bahia.