The target of a recent decision by the STF (Supreme Federal Court), the current environmental legislation in Rio Grande do Sul is expected to worsen likely future extreme weather events. This is the assessment of professors from the Department of Ecology at UFRGS (Federal University of Rio Grande do Sul), Gonçalo Ferraz and Fernando G. Becker.
“These laws put into practice, if [forem] maintained, will facilitate the severity of these extreme events because there is a great facilitation in changes in the use of space. There is a reduction in forest protection and facilitation of processes that, accumulated, can aggravate a future catastrophe situation”said researcher Gonçalo.
The State Code (Law 15,434 of 2020) was the target this week of a decision by STF minister Cristiano Zanin who gave the local government 10 days to comment on an action brought before the Court against the legislation.
The researchers consulted by Brazil Agency They argue that the current environmental law facilitates the use of land without due preventive care, especially in riverside areas. In addition, they claim that the law is very permissive with regard to the suppression of vegetation, further weakening the state’s preventive action in the environmental area.
The teachers published a technical note analyzing more than 200 changes made to the Environmental Code of the state in 2020, still in the governor’s first term Eduardo Leite (PSDB).
The target of criticism from environmentalists and organizations linked to the environment, the amended legislation suppressed articles from other state laws that provided protection for forests and flora species in Rio Grande do Sul. The new law revoked, for example, article 6 of Law 9,519 of 1992, which prohibited the “partial or total cutting or destruction of native forest and other forms of natural vegetation”.
Licensing
Another criticism from researchers is in relation to the environmental licensing process. The new law created new types of licensing that can replace the 3 stages of licensing that existed, allowing licensing to be done online, called Environmental License by Commitment.
“This opens up a non-transparent possibility in favor of the convenience of the moment to facilitate the licensing of categories A, B or C, which is extremely dangerous and undermines the power of licensing to avoid future problems”explained Professor Gonçalo.
Professor Fernando G. Becker recalled that there is a tendency for extreme climatic events to increase and, therefore, it is necessary to invest in the preservation of forests and, mainly, in the forests along the rivers to reduce the impacts of the next intense rains, something that current legislation would not have the power to do so.
“When the occupation of these areas on the banks of rivers, which have a function of mitigating currents and erosion, is allowed, considering this on the scale of an entire basin, this has a cumulative effect with the potential to worsen the problem of a flood”he highlighted.
Therefore, for Becker, the solutions presented so far, such as widening river channels to allow water to flow, may have little effect without a change in environmental legislation focused on prevention and protection of forests.
“They are pretending that this problem cannot occur, perhaps letting people occupy and assuming this risk that will not be paid by those who relax the legislation, but will be paid by everyone”he completed.
Professor Gonçalo considered, on the other hand, that business decisions often go against the preservation of the environment.
“It is not to negatively characterize those who are driving the state’s industry or economic development. It is to remember that it is healthy for the state to arbitrate this competition between interests and to check and place some healthy limits on activities that can be harmful to the environment, health and, eventually, the economy, as we have seen now”he assessed.
state
Wanted by Brazil AgencySema (Environment Secretariat) of Rio Grande stated that the controversial LAC is not self-licensing. “The environmental agency continues to issue environmental licenses and carries out inspections after the license is issued”he pondered.
According to Sema, of the more than 20 thousand licensing processes issued since 2021, when LAC was regulated, only 177 were through the commitment system.
“The administrative procedure through LAC represents 1% of the total environmental licenses issued by the State Foundation for Environmental Protection. Furthermore, it is worth noting that most of the projects currently included in the LAC modality are renovations of projects that were already under environmental control in previous license types.”he completed.
At the time the text was approved, the Rio Grande do Sul government argued that the measure modernized legislation, balancing environmental protection with incentives for investment and economic development.
Regarding the request for a statement made by Minister Zanin, the Rio Grande do Sul Attorney General’s Office informed, in a note, that it is aware and will respond within the stipulated deadline.
The state government also faces another action in the STF regarding the change in another law approved in April of this year that began to consider irrigation infrastructure works as public utility and of social interest, which would have legalized dams and reservoirs in environmental protection areas. Filed by the Green Party (PV), this other action is under the reporting of Minister Edson Fachin, of the STF.
With information from Brazil Agency.
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