Chamber approves setbacks in the environmental agenda and could weaken prevention mechanisms

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Project that reduces protection for non-forest areas has already received commission approval. Other texts allow mining in reserves, make measures against fires more flexible and eliminate fees that Ibama pays for. Less than two months after the start of work in 2024, the Chamber of Deputies is already moving forward on matters that, according to experts, represent setbacks to the environmental agenda and could weaken prevention mechanisms. At least six projects that are being processed in permanent committees of the House – and one that could now go directly to the Senate – attack environmental inspection and open up space to increase deforestation. In one of the first sessions of the year, the Constitution and Justice Commission (CCJ), today chaired by opposition deputy Carol de Toni (PL-SC), approved a project that allows the deforestation of native non-forest vegetation in all Brazilian biomes. As the text is finalized, it can be taken directly to the Senate if there is no appeal to be voted on in the Chamber plenary. De Toni is a member of the ruralist caucus and participated in the MST’s CPI, where she had the supposed intention of “unmasking” the movement. The commission ended without a final report. CCJ of the Chamber gives approval to project that reduces protection for native non-forest vegetation The six texts in simultaneous processing that relax supervision can (click to see details): allow the deforestation of original vegetation in biomes that are not forests; legalize mining in extractive reserves; relax fire prevention measures in rural areas; make Permanent Preservation Areas (APPs) more flexible; and weaken the rate of environmental control and inspection and, consequently, of Ibama; classify forestry as an activity “without environmental impact”. Legal consultant at the Instituto Socioambiental (ISA), Mauricio Guetta has been following the discussions in the Chamber and views the movement articulated by the deputies with concern. “These are propositions that, in addition to reaching the core of the population’s right to a balanced environment, attack the economic sectors that supposedly benefit. Climate change has caused severe impacts on agricultural production in several regions of the country and is likely to worsen even further with the approval of the setbacks in question,” says Guetta. Coordinator of the Environmentalist Front, Nilto Tatto (PT-SP) is against the approval of the texts and says that the front has articulated solutions to avoid the transformation of these projects into law. On the other hand, the ruralist group – one of the largest and most powerful in Congress – has been working to change the legislation. “The risk is to make environmental legislation more flexible, mainly the Forest Code, to facilitate the expansion of certain economic sectors in areas that must be protected. Legalize what is a crime. Today we have supervision that inhibits crime”, says Tatto. The PT deputy believes that the government must organize itself to advise against the project, through the Ministry of the Environment. Understand the proposals Exploitation of native vegetation The text approved by the CCJ on the 20th amends the Forest Code to provide that predominantly non-forest forms of native vegetation, “such as general fields, high altitude fields and native fields”, will be considered consolidated rural areas and, therefore, can be explored. The text also includes a provision that conflicts with the Atlantic Forest Law. According to the proposal, the rules established for the environmental regularization of rural properties provided for in the Forest Code are valid for the entire country and rule out “conflicting provisions contained in scattered legislation”, including those that refer only to a portion of the national territory – such as the area of predominance of the Atlantic Forest. Parliamentarians from the government base argue that areas of native vegetation lose legal protection with the approval of this project. Opposition deputies counter the criticism by saying that “no trees will be felled”, since these fields have low vegetation (shrubs , for example) Back to list The rate of deforestation in the Atlantic Forest is falling Mining in Conservation Units Project guided by the Mines and Energy Commission makes environmental licensing possible for mining in extractive reserves and national parks – Conservation Unit categories. Currently, these activities are prohibited. “It is an attempt by some deputies to advance this agenda that harms the environment. This is the agenda of Bolsonarism of wanting to pass the herd”, says deputy Carlos Veras (PT-PE). For the rapporteur, deputy Coronel Chrisóstomo (PL-RO), small-scale mining is compatible with the characteristics of the reserves. According to Chrisóstomo, the activity that would be legalized uses low environmental impact techniques and would be carried out by the traditional populations that occupy these areas. “This is an area used for the subsistence of traditional extractive populations, through activities that ensure the sustainable use of the unit’s natural resources. In this sense, we must remember that small mining with low environmental impact is a subsistence activity that has already been incorporated into the tradition of our people, since the beginning of the country, in colonial times”, he states in his opinion. Fires in the countryside A proposal in the Agriculture Commission allows rural enterprises to fail to comply with fire prevention and fighting measures, as long as there is no risk to people, property or the environment. The initial text exempted these companies from adopting any measure in this regard – under the argument that municipal and state laws would have created unnecessary requirements and costs. The rapporteur, deputy Daniela Reinehr (PL-SC), changed the wording to provide for simplified fire prevention and firefighting measures, in addition to including mandatory firefighting training. “We do not believe that going from an extreme of excessive prevention measures to their total absence is the solution. There is no way to waive all the requirements, as in the event of an accident, help may not arrive in time due to long distances. On the other hand, a minimum of prevention helps to reduce the insurance of property and production facilities”, states her opinion. For federal deputy Amom Mandel (Cidadania-AM), the project is an “affront” to environmental inspection. “Who is going to be able to keep an eye on these rural businesses to make sure they are following the correct fire department procedures?” he asks. “We see the damage caused by fire increasing every year. We have to remember that we are already in a climate emergency. In other words, there is no more time for concessions. It is urgent to adapt. We know that there is an insistent demand from parliamentarians for environmental rules to be made more flexible and for punishments to be less harsh, but if they exist they must be complied with”, says the deputy. Indigenous women unite to fight fires in Roraima Threat to Permanent Preservation Areas (APPs) Project being processed by the Constitution and Justice Commission proposes considering irrigation infrastructure works as a public utility. According to experts, the text has the potential to worsen and intensify water security in Brazil. “To the extent that it aims to make damming rivers and water courses viable, considering irrigation infrastructure works as public utility, it promotes the private appropriation of water”, highlights Malu Ribeiro, director of public policies at Fundação SOS Mata Atlântica. “It is a serious attack that could lead to deforestation in a permanent preservation area and intensify climate impacts, creating conflicts over water use,” she says. For Mauricio Guetta, from ISA, the project represents a serious setback in relation to the Forest Code to serve the immediate interests of just one economic sector. “The most ironic thing is that, on the one hand, the justification for allowing these dams lies in the negative consequences of climate change on irrigation and, on the other, the ruralist caucus follows the old ‘modus operandi’ of destroying forestry legislation, essential for combat the climate emergency”, he states. Environmental Control and Inspection Fee (TCFA) Another project that can be discussed in the CCJ restricts the charging of TCFA to activities subject to the licensing competence of the Union. The rapporteur, deputy Covatti Filho (PP-RS), states that the objective is “ calibrate” the collection of the fee. For Suely Araújo, public policy coordinator at the Climate Observatory, the proposal weakens Ibama and goes against decisions of the Federal Supreme Court (STF). She further explains that the fee has been an important source of resources for the municipality for more than two decades. “It should be said that it is also relevant for state governments, since Ibama has cooperation agreements to transfer up to 60% of the resources collected with this fee to various federated entities,” she stated. Forestry as ‘activity without impact’ Text already approved in the Senate and ready for the Constitution and Justice Commission’s agenda no longer considers forestry (tree monoculture an activity with environmental impact. If excluded from this list, there would be no need for environmental licensing for the practice, which would still be exempt from the Environmental Control and Inspection Fee (TCFA). Suely Araújo explains that the sector needs control and that the project sounds like an attack on Ibama, which has an important source of resources in TCFA. “The Forestry does generate significant environmental impacts if it is not carried out with technical care, such as loss of biodiversity, lowering of the water table and other problems”, says the expert. Author of the proposal, the then senator Álvaro Dias said that the project seeks to remove the label “ mistaken” of polluting forestry activity, in addition to reducing bureaucracy in the activity. “It is, therefore, a thriving sector of Brazilian agriculture, which contributes to the generation of employment and income, production of various environmental benefits, which should not be maintained as with the label of polluting activity and subjected to bureaucratic and expensive environmental licensing”, he stated.

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