The argument is that it is exclusively up to the Union to legislate on criminal law.
The PGR (Attorney General’s Office) filed a lawsuit with the STF (Supreme Federal Court) against a provision of the Goiás law that established the crime of arson. In the ADI 7712the body claims an invasion of the Union’s competence, responsible for legislating on criminal law.
The PGR questions the state law 22,978 of 2024which establishes the crime of causing fires in forests, woods, other forms of vegetation, pastures, crops or other crops, during an environmental emergency or calamity.
The sentence is 4 to 7 years in prison, but it can be increased to 10 years if the fire results in death or bodily injury or compromises public services. The crime is also considered non-bailable.
For the PGR, although the States can establish public policies to prevent and combat arson, the Goiás law invaded the exclusive jurisdiction of the Union by establishing a criminal type. Today, the Environmental Crimes Law (Law 9.605 of 1998) already penalizes arson with sentences of 3 to 6 years in prison and a fine.
The action was distributed to Minister Gilmar Mendes.
Fires
Brazil recorded 2,329 fire outbreaks on Monday (September 16, 2024). The data is from the BDQueimadas system of Inpe (National Institute for Space Research), released this Tuesday (September 17).
The Amazon region accounts for the largest share of incidents, with 1,378 – or 59.2%. Pará is the state that had the highest number of fires, with 1,012 outbreaks recorded in 24 hours. It is followed by Mato Grosso (420) and Tocantins (279).
With information from STF.
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