In a meeting with the Parliamentary Front of Agriculture (FPA), on Tuesday (24), Environment Minister Edson Duarte stated that the new criterion for compensation of Legal Reserve, brought by the Federal Supreme Court (STF) in the judgment of the constitutionality of the Forest Code, creates an environment of legal insecurity to the process of environmental regularization in Brazil.
According to Duarte, the new definition of “ecological identity” to the detriment of the biome concept entails a difficulty in applying the quotas of environmental reserves in the country, which hinders the regulation of the Rural Environmental Registry (CAR) and the Environmental Regulation Program (PRA) ). The deputy minister asked the FPA president, Ms. Tereza Cristina (DEM-MS), for the Frente to participate in a joint action with the Ministry of the Environment (MMA) in a meeting next week with the Union Advocacy General AGU) to address the issue, in addition to meetings with the ministers of the Supreme Court.
“Neither Brazilian legislation nor the scientific community recognize such a concept. We need to demonstrate to the Supreme Court that this definition has no applicability. It compromises the credibility of a unique and historic movement that was made in Brazil with the CAR, where it allowed the rural producer to be regularized, “said the interim minister. For him, ensuring legal certainty in the field is to ensure that the rural producer continues to produce and exercise his role of environmental preserver. “The Ministry will not implement a national environmental policy without the participation of the Brazilian producer. The rural sector needs the natural heritage to produce, “said Duarte.
For the president of the FPA, the new concept undermines important advances already made, such as CAR and PRA. “This new definition does not exist technically and puts at risk one of the greatest tools for those who preserve and comply with the environmental law in the Country, the Rural Environmental Cadastre (CAR). There are already more than 5 million properties registered, “said Tereza Cristina. According to the deputy, the change of understanding by the Supreme Court generates discretionary state environmental agencies and doubts in the application by rural producers.
On that occasion, the interim minister also reiterated that the rural producer should be recognized for keeping the forest standing and that the environmental issue should not be an impediment to the advances necessary for the country’s development. “It is necessary to establish a continuous and transparent dialogue of the Executive with the Legislative and the Brazilian productive sector. The environmental issue must be an indispensable asset for Brazil’s competitive differential, “he said.
Environment Coordinator of the FPA, Deputy Valdir Colatto (MDB-SC), also reinforced the need for immediate regulation of the PRA (Environmental Regularization Program) and environmental reserve quotas so as to ensure by law the compensation of the producers and the continuity of the preservation of the environment. “Without regulation, it creates an environment conducive to illegal practices and legal insecurity,” said the deputy.
Understand the case
Among the instruments adopted by the new Forest Code for environmental control and deforestation monitoring, the CRA (Agribusiness Receivables Certificates) was instituted. Its main function is to allow owners with legal reserve liabilities to comply with the law, at a lower cost, and at the same time reward those who preserve native vegetation above the percentages required by law. Thus, those who have surplus vegetation can emit CRA, and those who have a Legal Reserve deficit can compensate for it by buying CRA from rural properties located in the same biome.
The new Forestry Code adopted the bioma criterion for the purpose of compensating the Legal Reserve, but this criterion was challenged in two provisions by the Federal Supreme Court (STF), after judgment on the constitutionality of the new legislation. The Supreme Court has defined a new concept, the one of ideological identity, as a criterion for these compensations.