GREENPEACE WELCOMES ADOPTION OF ENVIRONMENTAL CRIMES LAW IN BRAZIL

21 September 1999

Sao Paulo -– Greenpeace welcomed today's decision by the Brazilian president, Fernando Henrique Cardoso, to approve the adoption of the Environmental Crimes Law but demanded that the government take all necessary measures to provide the controlling institutions with the appropriate structure to enforce the Law. Supported by photographic and written documentation of environmental crimes in Brazil, Greenpeace had called on the Civil House last Friday (September 17th) to adopt the Law by September 21st, the 'Day of the Tree' in Brazil. Greenpeace had also launched an internet campaign to pressure the Civil House, who received hundreds of electronic protests.

Although the Environmental Crimes Law was approved by the Brazilian government a year and a half ago (February 1998), IBAMA (the Brazilian environmental agency) and other public institutions were unable to agree on the range of penalties for breaking the law – the penalties are scaled according to the degree of damage to the environment. "The Law's adoption is an important step towards the protection of the Brazilian ecosystems as it legally empowers IBAMA to punish environmental crimes," says a Greenpeace letter addressed to the Brazilian president. "Now the government has to show the political will to enforce the Law and give real priority to the environmental problems."

Although Greenpeace is delighted that the Environmental Crimes Law has finally been adopted, the delay resulted not only in further damage to the environment but also in a loss of revenue to IBAMA through the financial penalties which could have been collected had the Law already been adopted. According to an IBAMA report on the results of the first 45 days of the governmental operation 'Amazonia Fique Legal' released last Friday (17th September), 112,000 m3 of illegal timber have been confiscated, 74,400 hectares have been deforested and there have been 15,200 hectares of illegal forest fires in the Amazon. Over this period IBAMA report that they collected US$ 1.7m in fines from illegal loggers.

"Had the Law already been adopted this amount could have been between US$ 68.7m and US$ 91m. Some of these resources could have been invested in IBAMA or on environmental education programmes," said Paulo Adario, Greenpeace Amazon campaigner. The environmental destruction could also have been limited if the Law had been adopted.

"The Law's adoption will have strong impacts on illegal logging activities in the Amazon," said Paulo Adario. Before the new system of fines was introduced "the average fine applied per cubic metre was just 70 US cents. This could now increase to as much as US$ 260, which more effectively deters crimes against the Amazon and the rest of Brazil’s valuable natural heritage."

FOR FURTHER INFORMATION PLEASE CONTACT:

- Renato Guimaraes – Comms Brazil +5511 30661178 and +5511 99007796
- Rebeca Lerer, Comms Amazon +5511 91697953

(1) On January 1999 the Ministry of Environment (MMA) sent a decree proposal to regulate the Law to the Civil House. The Civil House relied on a judicial opinion from late February to state that the Law, due to its penal nature, did not need regulation: it was self-applicable. This judicial opinion took 6 months to leave the Civil House and reach the MMA. On September 16, 1999, the Minister of Environment, Jose Sarney Filho, sent this new decree proposal to the Civil House, form where it would be forwarded to the President of the Republic for final approval.