Trawling in the Brazilian State of Amapá: An Analysis of ADI 861/AP

Costa, Mágna Suyanne de Lima; Scoton, Samira; Sales, Ana Paula Correa de; Santos, Thauan

doi:10.1590/1809-4422asoc01871vu28L2FT

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Feature Topics: Amazon • Ambient. soc. 28 • 2025 • https://doi.org/10.1590/1809-4422asoc01871vu28L2FT linkcopy

Trawling in the Brazilian State of Amapá: An Analysis of ADI 861/AP

A Pesca de Arrasto no Estado Brasileiro do Amapá: Uma Análise da ADI 861/AP

La Pesca de Arrastre en el Estado Brasileño de Amapá: Análisis de la ADI 861/AP

Authorship SCIMAGO INSTITUTIONS RANKINGS

Abstract

The purpose of this article is to evaluate trawling in the Amazon region, focusing on the Brazilian state of Amapá, and to analyze the role of the Supreme Court in promoting public policies related to industrial trawling in the case of Direct Action for Unconstitutionality (ADI) No. 861/AP. To this end, a qualitative approach was applied through a literature review, documentary analyses, and exploratory investigative methodology, based on the ADI No. 861/AP, and on bibliographic material on public policy formation. The objective is to check and correlate whether the final and unappealable decision in ADI No. 861/AP can be seen as a means of controlling public policy in alignment with SDG 14 and the UN Ocean Decade, and whether it is capable of upholding fundamental constitutional environmental rights.

Keywords:
Amazon; sustainable development; fishing; blue economy; public policies

Law as an objective	Law as an institutional arrangement	Law as a tool
Amapá State Law No. 64/1993 established a public policy aimed at managing marine resources, formalizing the goals and objectives guiding government actions in relation to trawling. This law did not emerge from the mere liberality of public officials. It was the result of a decision-making process that was preceded by the identification of the socio-environmental problem (the degradation of the marine environment due to unsustainable trawling), setting an agenda, and formulating solutions.	The sphere of action of the Member state Legislature is linked to positive legal norms, to influence the structure of public policies. In regulating the issue of industrial shrimp trawling and the compulsory use of the accompanying fauna on the coast of the state of Amapá, the public entity had to observe the limits of its material and formal competence established by the Constitution, as well as the guidelines established in the relevant federal infra-constitutional legislation. Thus, the law became the institutional framework that guided the development of public marine environmental policy.	Law No. 64/1993 and the institutional framework (relevant legal rules) are characterized as tools for implementing public policy aimed at controlling industrial shrimp trawling and the compulsory use of the accompanying fauna of this fishery off the coast of the state of Amapá.

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ANPPAS - Revista Ambiente e Sociedade Anppas / Revista Ambiente e Sociedade - São Paulo - SP - Brazil
E-mail: revistaambienteesociedade@gmail.com

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[TFN1] Source: The authors, based on Coutinho, 2013.