Brazil’s Chamber relaxes deforestation rules in the Atlantic Forest

By Pablo Valadares

The House of Representatives approved on Thursday (March 30) the PLV (Bill of Conversion) 6, derived from Provisional Measure 1150 of 2022, which will facilitate the deforestation of the Atlantic Forest.

The text was approved in a symbolic vote and will now be analyzed by the Senate.

Only PDT, PSB, and the PSL-Rede federation have voted against the proposal.

When it was edited by former president Jair Bolsonaro (PL) in December 2022, the provisional measure determined a deadline of 180 days for rural properties to join the PRA (Environmental Regularization Program).

This is a provision of the Forest Code that establishes commitments with rural landowners to compensate for native vegetation and avoid fines. Still, the deputies approved an amendment to the PL that extended the time for adherence by one year.

In his report, congressman Sergio Souza (MDB-PR), former president of the FPA (Parliamentary Front for Agriculture and Livestock), welcomed the amendments presented by Rodrigo de Castro (União Brasil-MG), Léo Prates (PDT-BA) and João Carlos Bacelar (PL-BA), which alter the Law of the Atlantic Forest.

According to Souza, there is “no commitment on the part of the government to sanction and, if there is a veto, there is a commitment to maintaining the veto”.

Among the provisions adopted is the relaxation of the deforestation of primary and secondary vegetation in advanced stages of regeneration.

The approved MP removes the requirement of the current legislation for forest suppression when there is no “technical and locational alternative” to the enterprise built on the site.

The director of Public Policy at SOS Mata Atlântica, Malu Ribeiro, said the parliamentarians “broke” the law.

“The House of Representatives has just approved the biggest ‘jabuti’ [Parliamentary amendment that modifies a bill under discussion in such a way as to alter or distort its original purpose] in the history of a provisional measure.”

“Under the pretext of extending the deadline for rural environmental registration and the PRA, they broke up the Atlantic Forest Law, adding a plenary amendment that, in my opinion, is unconstitutional.”

“In practice, this approval puts Brazil back in the opposite direction of what the world expects.”

“It favors and increases deforestation and distances the country from international climate, water, and biodiversity commitments.”

“We will ask president Lula to veto the MP in defense of the Atlantic Forest”, she declared.

Another change in the approved measure removes the competence of the state environmental agencies to issue a technical opinion for the deforestation of vegetation in a medium stage of regeneration in urban areas.

The MP leaves the responsibility “exclusively” with the municipal environmental agencies.

“The text encourages urban expansion over permanent preservation areas by removing the few safeguards in the legislation, which were already weakened at the end of 2021 when Congress changed this same provision (any river can be occupied if the municipal legislation allows it).”

“We know that municipal bodies are usually much more susceptible to pressure from real estate developments,” said Raul do Valle, Director of Environmental Justice at WWF Brazil (World Wide Fund for Nature).

Finally, the measure excluded the need for compensatory actions for the suppression of native vegetation in the construction of transmission lines, natural gas transportation systems, and public water supply.

In cases where the implementation of the undertaking is located in permanent preservation areas, the compensation will be equivalent to the deforested site, subject to the approval of the body that releases the license.

Also, in the effort to approve provisional measures issued by former president Jair Bolsonaro (PL), the Chamber approved in a symbolic vote the PLV 7, derived from MP 1.151 of 2022, which authorizes the commercialization of carbon credits in forest concessions.

Now, the text will be analyzed by the Senate.

With information from Poder360