government and agriculture enter a new collision course

The return of Congress work after the first round of municipal elections, on October 6, will be marked by an offensive by the Agricultural Parliamentary Front (FPA) to prevent rural producers from being affected by the government decree that provides for fines and sanctions due to fires throughout Brazil. The new regulation establishes fines of R$10,000 per hectare or fraction thereof for those who start fires in areas of native vegetation. In cultivated forests, the fine will be R$5,000 per hectare.

In cases where there is no adoption of measures to prevent or combat forest fires on properties, which is foreseen by the National Committee for Integrated Fire Management and competent bodies of the National Environmental System (Sisnama), those responsible for the property may have fines of R$5,000 to R$10 million applied.

There was an adjustment to the penalty for those who use fire in agropastoral areas without authorization from the competent body. Currently, unauthorized burning of pasture carries a fine of R$1,000. With the decree, the penalty was adjusted to R$3,000.

The text edited by Lula also provides for an environmental embargo on rural properties that register “unauthorized burning of native forest”. As a result, properties that registered unauthorized fires will be left out of rural credit, as they will be embargoed.

The president of the FPA, deputy Pedro Lupion (PP-PR), however, assesses that the federal government’s decree “punishes the guilty and innocent” for the fires. “It is essential that the sanctions and embargoes provided are applied within the strict limits of the responsibility of those who commit these deplorable acts. It is important to highlight that the producer whose property is impacted by these crimes is also a victim”, highlighted Lupion.

In the deputy’s assessment, the decree equates criminals responsible for setting fire to the properties of producers who were victims of the fires. “Innocent producers, victims of the fires, cannot be doubly affected by the effect of the fire. The embargo on rural properties has a severe and immediate impact on the lives of rural producers”, said the deputy.

“In practice, [o embargo] prevents access to rural credit, making it impossible to finance the planting of their harvest and the maintenance of agricultural activity, a measure that cannot be compensated even with subsequent proof of innocence on the part of the producer”, adds the president of the FPA.

FPA wants increased penalties for criminals who cause fires

On another front, members of the agricultural bench will work in the coming weeks to approve projects that increase punishments for those who commit arson. The group’s deputies and senators intend to soon table proposals that increase the sentence for those who commit arson in forest or rural areas to six to 10 years in prison.

Current legislation provides for imprisonment of two to four years for anyone who causes fires in forests or other forms of vegetation. According to the president of the FPA, the group is already internally discussing at least three proposals in this regard.

The expectation is that these projects will gain speed and be taken directly to the plenary. “Rural producers are the biggest losers from the fires. There was an estimated loss of R$1 billion from the burning of sugarcane crops in São Paulo, for example”, argues Lupion.

In the same vein, senator Rosana Martinelli (PL-MT) reinforced that the accusations and criticisms made by the federal government against Brazilian agribusiness cannot be accepted. According to her, no rural producer would destroy what they build daily.

“I want to highlight that small, medium and large producers are all considered rural producers. And a rural producer would never set fire to his property, his house. We cannot blame rural producers. We cannot agree with these statements”, declared Martinelli.

Brazil recorded more than 80,000 fires in September

The proposals respond to the increase in the number of fires in Brazil, which registered 83,100 fires in September this year, an increase of 78% compared to the same period in 2023, according to the National Institute for Space Research (Inpe).

Member of the FPA, deputy Alceu Moreira (MDB-RS) states that the Minister of the Environment, Marina Silva, proved to be incompetent to act in the crisis. “Marina Silva today means Marina Cinzas. She is a completely incompetent person who could be ashamed and leave. She showed that she does not have the moral authority to deal with this crisis”, criticized the deputy.

Burning is not always illegal, although it was banned in several states in 2024 due to the drought. Authorities in places like São Paulo — which recorded record fires in August — and Pantanal suspect, however, that the fires in these places are criminal.

At least 12 farmers are being investigated for fires in the Pantanal, according to the Public Ministry of Mato Grosso do Sul. In the Senate, senator Jader Barbalho (MDB-PA) presented a project that foresees classifying fires in rural areas as a heinous crime.

“Due to environmental disasters and the loss of life that fires cause every year, it is necessary to treat this type of crime with greater rigor, applying more severe penalties and transforming it into heinous crimes”, argues Jader.

Government rushes to try to present environmental package to Congress

After publicly admitting that the government was not “100% effective” in fighting the fires, President Luiz Inácio Lula da Silva (PT) is now seeking support from Congress to approve a new environmental package. The expectation of allies at Palácio do Planalto is that the fire crisis will facilitate the advancement of the proposals.

Lula’s appeal for the “environmental package” to be approved was made to the presidents of the Chamber, Arthur Lira (PP-AL), and of the Senate Rodrigo Pacheco (PSD-MG). Both accompanied the PT member in the presidential delegation to the 79th UN General Assembly last week.

In addition to supporting proposals to increase penalties for arson, the government is preparing a package of measures to try to update current environmental legislation. These proposals are being designed by the Ministry of the Environment together with the Civil House at Palácio do Planalto.

Back in Brazil, Lula, who is in Mexico, intends to discuss these topics with his ministers before resuming work in the National Congress. According to the president of the Brazilian Institute of the Environment and Renewable Natural Resources, Ibama, Rodrigo Agostinho, “Brazil and the rest of the world need a structure to combat climate change”.

He considers Brazilian legislation insufficient to meet this challenge and pointed out measures that, according to him, need to be updated. “Our Penal Code, from 1940, establishes a sentence of two to six years for fires. At the time, the focus was on protecting life and private property and not the forest environment. In 98, we had the Crimes Law Environmental crimes are crimes with less offensive potential, which means they can be traded in exchange for a simple basic food basket”, he said during a public hearing in the Senate last week.

Creation of the Climate Authority tips the scales towards Congress

Announced by President Lula after the increase in fires, the creation of the Climate Authority tipped the scales towards government support in Congress. Parliamentarians argue that the nominee for the body should have a technical and not ideological profile.

As we have shown, the person responsible for this new department will have to make it possible for Congress to approve measures to guarantee the implementation of environmental policies. To Lula, the president of the Chamber, Arthur Lira, indicated that the chosen one needs to be a name of consensus among the Chamber and the Senate.

Minister Marina Silva defends, for example, that the new body be subordinate to her ministry. The measure, however, faces resistance from deputies and senators.

“[A autoridade climática] it needs to be a permanent and definitive tool. If she is subordinate she is not an authority. Therefore, it has to be above the will of any government”, argues Alceu Moreira.

In the assessment of the member of the ruralist bench, the work of the climate authority needs to be technical and independent like that of the Central Bank. “The release and application of resources needs to be through scientific construction and therefore [a autoridade climática] will work with universities, with research and with the most important experiences in the world to create a prevention project that has to be carried out gradually, regardless of who is in government”, defended Moreira.

According to members of the government, the discussion on the model and structure of the new body is ongoing by the Ministry of the Environment with the Civil House. The expectation is that a definition will only occur in mid-October, after Lula returns to Brazil from his trip to Mexico and the conclusion of the first round of municipal elections, which takes place this Sunday (6).