New Environmental licensing law worries MPF

Possibility of voting in plenary of the new environmental licensing law worries MPF


Technical note highlights that the recent version of the replacement for PL 3,729/2004 was not discussed enough with civil society





The Federal prosecutor (MPF) released this Wednesday (20) Technical note to alert parliamentarians and civil society on the risks of approval, in a character of urgency, in the plenary of the Chamber of Deputies, a new version of the substitution project to PL 3,729/2004, Establishing the general law of environmental licensing. According to the Chamber of Environment and Cultural Heritage (4CCR/MPF), “The text maintains devices that are clearly unconstitutional, promoting an unacceptable and sealed environmental backlash.”


Elaborated by the large enterprises Working Group, which brings together members of the MPF with acting in environmental, indigenous and citizen rights, the note highlights the scarcity of time available for the examination of the new substitution, in addition to the lack of a technical approach Multidisciplinary, deemed indispensable for the perfect understanding of the consequences of the legislative amendment.


“Draws attention to the açodamento in the intended vote on the project in plenary, which would only have a justification: to approve unknown text and harmful to the national policy of environment and the Brazilian population, at a time when the gazes are facing the scandals of Corruption, “emphasizes the note.


Addictions – According to the MPF document, the substitute presents several problems, among them: very short term fixing for licensing approvals, which could be made without the manifestation (or even with the opinion contrary) of organs as Heritage Institute National Historical and artistic (Iphan), National Foundation of the Indian (Funai) or Instituto Chico Mendes de conservation of biodiversity (ICMBIO); Excessive autonomy of the federation’s entities, without establishing unified national parameters and criteria; Decharacterization of conditioning, which are restrictions aiming to dam the Rite of licensing in the event of non-compliance; and creation of the membership licence and commitment (LAC), which exempts prior licensing for activities causing environmental degradation.


Finally, the technical note emphasizes that, instead of easing licensing, it would be more efficient to strengthen the environmental organs, which have been suffering a gradual scrapping. “You can’t confuse rigor with bureaucracy. You cannot, the pretext of reducing bureaucracy, eliminating rigor, terminates the document.


reiterated alert – This is the fourth technical note produced by the Environment Chamber of the MPF to alert parliamentarians about the risks of the adoption of a general licensing law without a careful examination of all issues involved and extensive debate with civil society.


Despite the various positions presented by the MPF and other entities acting in the environmental area, “the project of the substitution, in addition to ignoring the most significant contributions hitherto, has not promoted sufficient debate nor established the desirable Dialogue with civil society, which is extracted from the distinct shortcoming in the popular participation that should permeate the legislative process. Not enough, the text maintains devices that are clearly unconstitutional, promoting an unacceptable and sealed social backlash, “emphasizes the text.


Read the full of the 6/2017 technical note.


Secretariat of Social Communication
Attorney General of the Republic
(61) 3105-6406/6415


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