The environmental licensing project divides opinions between the fields of Para; Understand what is in danger | Method
An imminent vote The bill is 2.159/2021That Reforming Environment Licensing in BrazilCausing serious negotiations in para. While representatives of industry, agriculture and politics are highlighted Liberalization of processes and more legal certaintyEnvironmental researchers warn Possible setbacks in the protection of social -mandatoryEspecially in the Amazon region.
With national importance in the mining and agriculture sector, the shovels can be directly affected by the new law. Members of Parliament and local entrepreneurs More agility and less bureaucracyBut educational and social accents are afraid of Flexibility on traditional societies and fragile ecosystems is suitable for large organizations.
Senate Vote Project to change environmental licensing rules
Oh The bill is 2.159/2021It will arrange New General Environment Licensing ActMay 21, Wednesday, is expected to be voted Agriculture (CRA) committees of Environmental (CMA) and Senate. There is a proposal The main goal is to simplify and accelerate environmental licensing processes across the countryEspecially for activities that are considered under the influence. The defenders of the text argued that the initiative was trying to reduce the bureaucracy without compromising the protection of the environment.
After the negotiations, the reporters of the subject in both committees, Senator Confucius Maura (MDB-Row) and Senator Tereza ChristinaThe unified text was presented on the last 7th. The project, The House of Representatives emergedWere, and,, and,, and,, and,.. He was processed for 17 years in that house before he reached the SenateWhere it is Analysis of four years ago. Since then, 93 amendments received. After voting on commissions, This proposal should still go through the plenary E, If the Senators encourage changesWere, and,, and,, and,, and,.. Comes back to the room For a new discussion.
New law tries to authenticate rules and reduce disputes
Environmental Licensing Installation, expansion or operation of companies that use natural resources. Today, the multiplication of regulations in various sectors of the government has created legal disputes and legal insecurity. The hope of the Senators is to coordinate a simple law procedures and to ensure further clarity and legal stability.
In accordance with the proposal in the discussion, the future law This will be applied to all members of the National Environmental System (Sisinama)National Environmental Council (Kamama), It has advice and deliberate functions.
Returns to the scope of mining law
One of the major changes made by the Senators in relation to the text passed at home The return of large or high risk mining companies reach the general law. The original text provides that these activities follow the specific regulations of the commama.
Reconstruction a Aggregate the reporters acceptedIt justified the change needed to maintain a comprehensive role of the new law.
Licensing dispenses can be maintained, but with limitations
The project also offers Exception from environmental licensing for some projects. However, the list of activities dismissed by the Senators has been reduced, in fact, with the intention of limiting the benefit only to those who do not need state control.
This distribution is in the text for emergency interventions with the aim of preventing emergency tasks, cases of public disaster and environmental damage – there is a report to an effective organization.
The exemption from licensing for services and maintenance work is also included in existing structures or in Damin and Domon. Even the text Undertaking licensing for military organizations.
There is an exemption for agricultural activities
Licensing is an exception Some farm techniques This is one More controversial aspects of the proposal. The report of Mura and Tereza Christina continued the house awareness, Licensing excluding the cultivation of agricultural species (Temporary, semi -parenial and permanent), the Extensive and semi -intensive cattleA. Small creation E. Agricultural.
However, this is an exception Regularized rural properties are applied only in the Regularization process. The text makes it clear that entrepreneurs are still needed to obtain specific powers, such as being exempted from licensing, suppressing local vegetation and grant for the use of water resources when necessary.
Installation License may allow instant operation
Represents another adjustment made by reporters Linear Enterprise Installation License (LI)Railways, highways, transmission lines, fiber optic cables and substations. LI provides that at the request of the founder, the authority provides the conditions to have LI Begin of the operation as soon as the works are completed.
For this, it is necessary to submit to the environmental requirements signed by the responsible technician – which is not in the original proposal of the chamber.
For Deputy Para, “Product and Care Can Go together”
In the members of the parliament who sees the proposal a Advance They are Parayens Federal Deputy Jokwim Pastinho (PL). According to him, the project is mainly positive for infrastructure and small institutions.
“For mining, I have not seen any changes, because the sector is already subject to other licensing components and permits to impose specific restrictions,” he explained.
Pasarinho also conducts demands for the use of this proposal for the use of vegetation and the use of water resources, which in his view, Guarantees environmental care.
“Without care, assets cannot survive. Today, buyers are banned from buying products or animals from car without car or environmental pending areas. The market is also regulating it.”
Member of Parliament also argues This project does not eliminate rights from traditional or indigenous people. “It reduces bureaucracy and regulates this process. The border areas of domestic interest will continue with all existing limits.”
Pasinho pointed out that the real problem in the Amazon region was not licensing, but Lack of land regularization.
“The union does not maintain the speed of the economy. Environmental law on Amazon is already under control of the world, and it is valid and respecting it.”
For him, text a Balance between economic growth and environmental protection. “Two things – product and care – should walk together and in parallel.”
The industrial sector looks at the opportunity to come up with a new licensing law
Derrick Martins, Forest Engineer and President Environmental Council and Sustainability of the Federation of Industries of the State of the State (FIIEPA)Estimates that the licensing exemption referring to agricultural activities Advance.
“It will facilitate access to resources without less environmental control and accelerate the product,” he said. However, he warned that without proper inspection, the risks of the environment would increase.
Martines also argues Land regularization is required To achieve his goals of the project.
“Most sectors are facing difficulties in receiving their land for environmental standards due to the lack of regularization. It creates legal uncertainty, will compromise credit and compromise investments.” According to him, without this stage, the benefits of the law may not exercise completely.
Another thing that expert is positive Requiring specific authorityIn case of licensing removal cases, for the use of water resources and using water resources. “These are important tools to ensure the stability of manufacturing methods.”
Martins sees the opportunity to authorize the instant operation of the installation of the installation as well as the installation license Logistics profitsBut does Warning“Inspection companies should focus on strictly monitoring the established situations, as it is in this balance between the ability and responsibility to maintain true development.”
Researcher warnings for social and environmental damage of new licensing
For researcher Andre Farias, from The Environment Center of the Federal University of Para (NUM/UFPA)The text refers to a serious setback, especially for Amazon.
“This project can expand social and environmental damage, risks and conflicts, especially in states like Para, which focuses on huge social and environmental diversity,” said Farias, who is also leading the Great Project Research Group of Amazon (GPA).
He believes that traditional societies – indigenous, reverside, quilomblas and extractivists – are very harmful The effect The flexibility of environmental control.
According to the researcher, when giving priority Large Agro -Industrial Enterprises and Minors interestsThe country will be “against history”, betting a Is already an untreated developing pattern.
“Capital tells the rhythm of projects, and conflicts can be spread. Para gunpowder can become a barrel,” he warned.
Farias believes that Brazil has already had a strong general structure, such as the National Environmental Policy, the Federal Constitution and the many resolutions of the community (the National Environmental Council), but the problem is under its application and oversight.
“We need to improve environmental management, not to weaken it. It is imperative to expand popular partnership, EIA -rima (Environmental Impact Study and Environmental Impact Report) and investing in government employees and technology.”
He too It criticizes what is thought to be “political maneuver” About the mining: “This field wants to be outside the PL, but it has been blurred, perhaps into a currency of exchange to expand support from the rural bench. It further enhances legal insecurity.”
For the researcher, the effects already seen in para municipalities such as Barcarena, Parawapebas and Kanas Dose Carajas show that environmental damage is serious with current tools.
“The mining dams become real environmental bombs and can be questioned in the Supreme Court for a new project and legal affirmation, even in the Supreme Court for unconstitutional, for violating the right to the balanced climate provided in Article 225 of the Constitution.
