CASE

Social Participation at risk: decree extinguishes national councils in Brazil

First Submitted By PriscilaDC

Most Recent Changes By PriscilaDC

General Issues
Governance & Political Institutions
Human Rights & Civil Rights
Location
Brasil
Scope of Influence
National
Files
LIST IN ENGLISH AND PORTUGUESE - EXTINGUISHED COUNCILS.docx
Start Date
Ongoing
Yes
Time Limited or Repeated?
A single, defined period of time
Staff
No
Volunteers
No

1. Decree 9.759 / 2019 (Extinction of National Councils); 2. End of the National Social Participation Policy; 3. Disarticulation of participation in Brazil.

Problems and Purpose

On April 12, 2019, the president of Brazil, Jair Bolsonaro, signed the 9.759 / 2019 decree that extinguishes collegiate organs in the Federal Government and limits the creation of new ones. The decree applies to councils, committees and commissions created through presidential decrees prior to his term. In addition, the decision explicitly repeals the National Social Participation Policy (Decree 8243/2014). Despite the controversy at the congress in 2014 about the National Participation Policy, the 8,243/2014 decree was still in force until 2019, although it had not been implemented. Meanwhile, the National Participation Policy decree is being contested in the Senate. The Bolsonaro decree extinguishes dozens of councils and collegiate bodies that have a direct impact on Brazilian democracy.



Background History and Context


Brazil, until the mid-2000s, built a robust participatory structure at the federal level with the expansion of several national councils in different areas. The experiences of national councils and conferences enabled the enactment of important public policy plans and allowed the inclusion of diverse segments of civil society in the process of formulating and evaluating public policies. Nevertheless, the decree signed by Bolsonaro, still in the first hundred days of his mandate, puts an end to an important participatory pattern in the country.


As listed in the table below, more than fifty spaces of deliberation and participation at the federal level have been extinguished. National councils aiming at policies directed to the elderly, the handicapped, the promotion of racial equality, sustainable rural development, among others, were extinguished only on the basis of 9.759 / 2019 decree. However, according to the current Minister of the Civil House, Onyx Lorenzoni, about seven hundred other councils and collegiate bodies are currently submitted to evaluation to determine whether or not will be maintained.

Councils created by law, such as the national council of social and health care, still remain in force - the list of the councils that remained may be found here. Their operative conditions, however, are still unknown. There are councils that have been maintained but do not have any structure for meetings or for the work of commissions and technical chambers.

In addition to the councils, different national conferences that were to be summoned and subsidized by the government in 2019 were canceled or have not yet been confirmed. Counselors together with various segments of civil society are organizing independently to maintain the functioning of national councils and conferences. However, the future of social participation in Brazil remains uncertain.

For much of the conservative wing of the government, 9,759 / 2019 decree is wiping out the public machine. However, popular participation is guaranteed by the Federal Constitution of 1988 and represents a great democratic advance in the country. Participatory institutions represent instruments that allow greater efficiency in the management of public policies and foster the promotion of social justice.



Organizing, Supporting, and Funding Entities

Participant Recruitment and Selection

Methods and Tools Used

What Went On: Process, Interaction, and Participation

Influence, Outcomes, and Effects

Analysis and Lessons Learned

See Also

Check the list of extinguished councils:


Extinct Councils and Collegiate bodies

Year

Deliberative Council of the Coffee Policy (CDPC)

1996

National Council for Sustainable Rural Development (Condraf)

1999

National Council for the Rights of Persons with Disabilities (Conade)

1999

Council of the Central Federal Administrative Authority against International Child Abduction

2001

Cocoa Agribusiness Development Council (CDAC)

2001

National Council to Combat Discrimination and Promotion of LGBT Rights

(CNCD/LGBT)

2001

National Council on the Rights of the Elderly (CNDI)

2002

Public Transparency and Anti-Corruption Council (CTPCC)

2003

Council of Cities(Concidades)

2004

National Council for Combating Piracy and Intellectual Property Crimes

(CNCP)

2004

National Council for Civil Protection and Defense(Conpdec)

2005

National Council on Drug Policy (Conad)

2006

Social Security Resource Council(CRPS)

2007

National Council of Public Security (Conasp)

2009

Labor Relations Council(CRT)

2010

Council of Representatives of Brazilians Abroad(CRBE)

2010

National Council for the Integration of Transport Policies (Conit)

2012

Special Committee of Ressources(CER)

1990

National Commission of Population and Development(CNPD)

1995

National Commission for the Eradication of Child Labor (Conaeti)

2002

National Biodiversity Commission(Conabio)

2003

National Commission for Literacy and Education of Youths and Adults (Cnaeja)

2003

National Forest Commission (Conaflor)

2003

National Commission for the Eradication of Slave Labor (Conatrae)

2003

National Commission for the Sustainable Development of Traditional Peoples and Communities (CNPCT)

2004

National Technical Commission on Diversity for Afro-Brazilian Education Related Issues

(Cadara)

2005

National Commission on Indigenous Politics(CNPI)

2006

Commission for the Coordination of Meteorological, Climatology and Hydrology Activities (CMCH)

2007

National Commission of Indigenous School Education

2009

National Commission of Agroecology and Organic Production (CNAPO)

2012

National Commission of Rural Workers Employees(Cnatre)

2013

Internet Steering Committee in Brazil (CGI.br)

1995

National Committee on Human Rights Education(CNEDH)

2003

Intersectoral Committee for Assisting and Monitoring the National Policy for the Population in Street Situation (CIAMP Rua)

2009

National Management Committee of the Citizenship Territories Program

2008

Intersectoral Commission to Combat Sexual Violence against Children and Adolescents

2007

Intersectoral Commission for Monitoring the National Socio-Educational Service System

2006

Civil Society Working Group Partnership Open Government

2014

National Strategy for Investments and Business Impact

2017

National Commission for the Sustainable Development Objectives

2016

Permanent Tripartite Joint Committee-CTPP

1996

National Permanent Benzene Commission

1996

Board of Ressourcer of the National Financial System

1985

Technical Commission Sports Incentive Law

2007

National Council of Cultural Policy - CNPC

2005

Federative Articulation Committee - CAF

2007

National Committee to Combat Trafficking of Persons – CONATRAP

2013

Civil Society Follow-up Committee for Indicative Classification(CASC-Classind)

2012

Public Forestry Management Commission

2006

Genetic Heritage Management Council- CGen

2016

Debate Forum on Employment, Labor and Income and Social Security Policies


Economic and Social Development Council(CDES)

2003


References

External Links

9759/2019 decree: http://www.planalto.gov.br/ccivil_03/_ato2019-2022/2019/decreto/D9759.htm


Worksheet Effects of the 9759/2019 decree:

https://docs.google.com/spreadsheets/d/1Ygjnze6Ig7sPYePwUEcbkwRRkKKJRSE6wscpjp4poIs/edit#gid=1502745323


Notes


[[Text by: Priscila Zanandrez Martins]]

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