Project can provide amnesty for deforestation of the Atlantic Forest and facilitate exploration

One of the biomes most threatened by the advance of deforestation, the Atlantic Forest runs the risk of losing some of its layers of legal protection with the advance of bills in Congress that ease restrictions on forest exploitation.

One of them is on the agenda of the Committee on the Environment and Sustainable Development of the Chamber of Deputies to be deliberated on Wednesday (19). The text proposes to make the exploration of strategic areas more flexible for the survival of the biome, in addition to an amnesty for more than a decade of illegal deforestation.

The proposal by deputy Alceu Moreira (MDB-RS) amends the Atlantic Forest Law to make room for the exploration of so-called “altitude fields” — areas essential for capturing water and feeding river sources.

In addition to the original text, two substitutes were also presented by deputies from the ruralist bench, José Mario Schreiner (MDB-GO) and Nelson Barbudo (PL-MT). The parliamentarians were contacted on Tuesday (18), but did not respond until the publication of this text.

Both determine that the time frame for illegal deforestation in the biome becomes July 22, 2008, the date on which the Brazilian Forest Code comes into force — in practice, the change would mean that there is no accountability for what was cut down before that.

The Atlantic Forest Law, in force since 2006, does not expressly determine a time frame.

However, in the early 1990s, a presidential decree was published, with the effect of law, which prohibits the clearing of the forest in this biome, which, therefore, makes any unauthorized intervention after that illegal.

Environmentalists and lawyers heard by the Sheet state that, if approved, the proposal will further threaten this forest, which has already seen, between 2020 and 2021, deforestation grow 66%, according to data from Inpe (National Institute for Space Research).

Malu Ribeiro, one of the directors of SOS Mata Atlântica, explains that the biome is currently fragmented into several preserved areas, but with little continuity, which weakens the forest and contributes to its destruction. In addition, the proximity of the forest to the cities means that changes in it have a direct impact on urban spaces.

“Altitude fields are important for water retention. If you have a change in soil activity [nessas áreas], will impact large hydrographic basins with groundwater that surface in other regions. The fields guarantee the continuity of springs and rivers. The decrease in these areas potentiates extreme weather events, it is very serious”, says Ribeiro.

“The Atlantic Forest is under two threats, one from the climate and another from the political forces that are mobilizing to attack the only biome that has a specific protection law”, she says.

Suely Araújo, lawyer, former president of IBAMA and director of the Climate Observatory, recalls that the Atlantic Forest has peculiar characteristics that make the Forest Code alone not enough for its preservation. And she adds that the existence of a specific law for the biome is provided for in the Constitution.

“The logic of the Atlantic Forest law is different, you analyze the vegetation stage —whether it is primary, secondary, etc.— and, depending on the vegetation stage, you make the restrictions more stringent or not. So it’s not that the Forest Code for the Atlantic Forest, one more layer of law is applied”, she explains.

The bill, if passed, would allow “cutting and clearing of vegetation” in high altitude fields for “agrosilvopastoral” activities at all stages of vegetation. It would also allow amnesty for deforestation in these regions.

“A very significant portion of the population [cerca de 70% dos brasileiros] it is in the Atlantic Forest biome and depends on it, for example, for water. The springs that supply the large capitals along the coast are maintained as a result of remnants of the Atlantic Forest. The importance is practical, in addition to preserving biodiversity, of course”, says João de Deus Menezes, coordinator of the Atlantic Forest NGO Network.

The rapporteur on the topic at the Environment Commission, Nilto Tatto (PT-SP), issued an opinion against the approval of the projects. According to him, there is “a need to maintain the current conservation status granted to high-altitude fields by the Atlantic Forest Law”.

In Wednesday’s session, the commission can decide to follow its vote, accept any of the substitutes presented by deputies linked to the ruralist bench or even opt for a new report — which still allows the text to be approved.

The proposal is being processed conclusively, that is, if it is approved by the Committee on the Environment and then by the Committee on Constitution and Justice, it does not need to be submitted to the plenary and goes straight to the Federal Senate.