AM Manaus Brazil
This is a Public Civil Action (ACP), with a request for precautionary measures, filed by the organizations Socio-Environmental Institute, Greenpeace Brazil and Brazilian Association of Members of the Public Ministry of the Environment (ABRAMPA, for its acronym in Portuguese), and the Federal Government, seeking the declaration of nullity of the Interpretative Resolution 7036900/2020 of IBAMA, which eliminated the need for authorization issued by the agency for the export of timber products and by-products of native species.
They state that, under the previous regulations, those who wished to obtain export authorization had to personally present, at the IBAMA unit with jurisdiction over the customs warehouse, a series of documents that proved the legality of the goods, subjecting them to inspection and release.
The plaintiffs, in challenging the ruling, argue that the (sole) requirement of the Forest Origin Document (DOF) is insufficient for the proper inspection, monitoring, and control of timber exports. They explain that the DOF is comprised of data entered by the stakeholders themselves, not by IBAMA (Brazilian Institute of Environment and Renewable Natural Resources), and that the agency would have no way to intervene before the shipment is sent abroad. They suggest that this change is part of a broader dismantling of environmental public policy in Brazil, to the detriment of protective legislation. They warn of the risk of increased illegal deforestation, especially in the Amazon, under the new regulation.
In this sense, the organizations demand that the Order issued by IBAMA constitutes an infringement on the Amazon, the national heritage and the biomass, and therefore on the right of the community to an ecologically balanced environment.
They explain the relationships between increased deforestation and climate change, particularly the Brazilian scenario of high GHG emissions resulting from changes in land use and the loss of carbon sinks due to the suppression of native vegetation, in addition to its harmful effects on tropical forests, with alterations in rainfall patterns and a greater risk of reaching the "point of no return" in the devastation of the Amazon rainforest.
Therefore, in the Public Action, the Court is requested to: a) suspend the effects of Interpretative Order No. 7036900/2020GABIN, of IBAMA; b) adopt all necessary measures to restore the effects of IN No. 15/2011 regarding the applicability of the authorization for the export of native wood provided therein; c) impose a daily fine of R$ 10,000.00 (ten thousand reais) or any other amount that the Court deems appropriate, in case of contempt of the judicial order, without prejudice to the classification of the crime or the administrative impropriety, which will revert to the Fund.
Currently, the proceedings are under seal, so it is not possible to consult the attached documents, the progress of the case, or analyze any new developments.
The Public Civil Action contains specific arguments regarding climate change. It points out that the Amazon plays a vital role in maintaining ecological and climatic balance, a fact made evident by considering the country's CO2 emissions. For example, between 1990 and 2016, Brazil emitted a total of 62 billion gross tons of CO2 equivalent (tCO2), of which two-thirds, approximately 39 billion tCO2, were generated by land-use changes, with deforestation being the primary source (94% of the total). According to the Public Civil Action, this means that the trend in gross emissions from land-use changes depends largely on aggregate policies and actions that either combat or encourage deforestation. It asserts that Brazil, guardian of the world's largest and most important rainforest, is currently dismantling its environmental protection policies and breaking deforestation records in the Amazon.
- Socio-environmental Institute .
- Greenpeace Brazil.
- Brazilian Association of Members of the Public Ministry of the Environment.
- The Federal Union.
- Brazilian Institute of Environment and Renewable Natural Resources.
The state of Amazonas is one of the largest in Brazil, comprising 62 municipalities, including Manaus, its capital. Ninety-eight percent of its land is forested, and approximately 65 indigenous groups live there. Manaus boasts the sixth largest urban economy in Brazil. The state's main agricultural products include timber, rubber, copaiba oil, and palm fiber, among others. In recent years, deforestation has become a major challenge for both the state and the country. Overall, deforestation in Brazil increased by 51% during the first quarter of 2020 , according to Brazil's National Institute for Space Research (INPE). Alerts for deforestation in March alone rose by 29.9% compared to the same month in 2019.
Standards
- Advisory Opinion 23/17 of the Inter-American Court of Human Rights on the Environment and Human Rights.
- Constitution of the Federative Republic of Brazil.
- Law No. 6.938/1981. National Environmental Policy.
- Law No. 12,651/2012. Forestry Law.
- Law No. 7.347/85, Public Civil Action Law.
- Normative Instruction (IN) No. 15/2011.
Beginning
- Caution.