THE MERGER OF IBAMA, ICMBIO, AND FUNAI AS A PROPOSAL FOR ADMINISTRATIVE REFORM OF THE BRAZILIAN STATE: CONSTITUTIONAL FOUNDATIONS, ORGANIZATIONAL RATIONALIZATION, AND LEGAL LIMITS

Abstract

This article examines the legal, constitutional, and administrative feasibility of merging the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA), the Chico Mendes Institute for Biodiversity Conservation (ICMBio), and the National Foundation for Indigenous Peoples (FUNAI) into a single federal entity with integrated administration. The research stems from the problem of potential overlapping administrative structures, organizational fragmentation, and the costs associated with maintaining three entities with partially related competencies. The overall objective is to evaluate the possibility of rationalizing these structures while preserving their core functions and the constitutional guarantees of environmental protection and indigenous rights. The legal-dogmatic method is employed, combined with document analysis and a comparison of the current regulatory structures as of October 2026. The theoretical framework is based on the doctrine of Administrative Law, especially the principles of efficiency, legality, administrative specialty, economy, and continuity of public services. It is proposed, as an institutional hypothesis, to replace the current 14 central directorates with seven integrated directorates. It is concluded that the reorganization is legally conceivable, conditional upon the enactment of a law, an impact assessment, observance of applicable indigenous consultation, and objective demonstration that the new structure will not lead to setbacks in the protection of the legal assets involved.