Decree 9.759 extinguished Brazil's National Councils, ended the National Social Participation Policy and generally disarticulated public 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.
Organizing, Supporting, and Funding Entities
Participant Recruitment and Selection
Methods and Tools Used
What Went On: Process, Interaction, and Participation
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. 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.
Influence, Outcomes, and Effects
The Decree extinguished the following National 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
Analysis and Lessons Learned
See Also
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: