My current research is concentrated in Section 9 and involves Legislation,
Policies and Programs on Biological Diversity. Unfortunately, the majority
of the laws and regulations are not described in much depth, but hopefully,
I will be able to find more information about the laws in other
areas.
- An entire chapter of the Federal Constitution is devoted to the environment
(Chapter VI: article 225) and Chapter VIII (Articles 231 and 232) of the
Brazilian Constitution is dedicated to the recognition of the rights of
the Indians
born and resident in national territory (Now we just have to
find an english version of the constitution.)
- An idea for making these laws effective may be to take some of
them and make them international laws, where every country signs a treaty
which includes the rudimentary laws that are essential towards the survival
of the
Amazon. (For example, it is not enough that Brazil bans exports
on mahogany when other nations are leading importers of the tree. This
causes people to illegally export the mahogany from Brazil. If all the
countries were to sign a
document banning export and import of mahogany, the problem would
be dealt with. Of course, alternate imports would have to take the place
of the mahogany.)
-Proposes the idea of ecotourism and forestry management as a way in
which the indigenous lands and societies can be protected. (An idea
but not the solution to the problem)
-States ofer special incentives to the owner who protects and conserves
the native forest on his land, who recovers degraded areas or who suffers
limitation in the use of his land in order to protect ecosystems. In addition,
the owner
is exempt from paying Rural Land Tax on areas considered of Permanent
Preservation or Legal Forest Reserves, or on other areas declared as of
public interest for preservation (A good idea but more depth should
be applied).
Laws of relevance to the mission and their basic premises (more detail
will follow soon):
(There are many laws that aim at protecting the environment. It's enforcement
that's the problem. Hopefully we can use take some of these laws and ensure
their implementation)
1. In Brazil, imports of non-native organisms require prior authorization
from the MMA and/or the Ministry of Agriculture and Supply.
a. Decree No. 24,114 establishes the norms for importing plants and plant
parts, insects and micro-organisms for commercial or research purposes
and establishes quarantine procedure for the exchange
of live organisms destined for research in the biological control of pests,
disease and weeds, as well as other lines of research.
b. Decree No. 24, 548 establishes the regulations for importing domestic
stock for farming.
c. Decree No. 221 establishes the norms for importing aquatic species of
any stage of development.
d. Edict No. 29 establishes the regulations for imports of wild organisms
e. Edict No. 142 prohibits the breeding or commercialization of non-native
catfish in the Amazon and Paraguay River Basins in order to protect local
fish communities and biological diversity.
f. Genetically modified organisms are not allowed into Brazil as a result
of a report by the National Technical Commission for BioSafety.
g. Plant germplasm can only come into the country for research purposes
and with special authorization from the Ministry of Agriculture and Supply.
The Phytosanitary Certificate must bear a declaration
that the material is free from pests or pathogenic agents, or else it will
be destroyed.
2. Advances in regulating access to biological diversity (previously covered
- information can be found in September 23rd archive).
3. Protection of new species legislation:
a. Cultivar Protection Law No. 9, 456 - cultivars can be protected which
are homogeneous, stable, and clearly distinct from other existing cultivars.
A person who develops new genetic material,
has the right to apply for a Certificate for Cultivar Protection that will
guarantee the property and the rights to receive money. To obtain the protection,
the applicant must describe the characteristics
of the cultivar and demonstrate its homogeneity. stability, and distinctiveness.
4. Industrial Property Legislation:
a. Law No. 9, 279 innovative inventions, activities, and industrial applications
can be patented for a period of 20 years but the law forbids the
patenting of all or part of natural living beings and biological
material found in nature, or isolated from it, including the genome or
germplasm of any natural living being or natural biological process. Plants
and animals therefore cannot be patented but
transgenic (possessing a charcteristic that cannot be achieved by the species
in natural conditions) micro-organisms can. Also, certain categories of
inventions, such as pharmaceuticals, food and chemical
products and metal alloys can now be patented (a good thing since materials
can be extracted from the Amazon without exploiting the rain forest i.e.
antibiotics, narcotics, abortive drugs, contraceptives,
anticoagulants, fungicides, anaesthetics, muscular relaxants, and antidiarrheal
and antiviral medicines).
5. The Forest Code (specifically law no. 4,771)
a. Defines Areas of Permanent Protection as the forests and other forms
of vegetation found alongside water courses, lagoons and headwaters, coastal
sandy-soil (restigna), on the top or
slopes of hills, on the slopes leading to coastal lowlands and plateaux
and on land above 1,800 meters in altitude.
b. The law also prohibits the use of fire in forests and in "other forms
of vegetation," except when authorized by the forestry authority, with
prison sentences of up to one year for offenders. (Perhaps this part
of the law
should be more strict).
c. Also, under this law, the State has power to create National Parks,
Biological Reserves, and National Forests (Clearly the states can do
their part under this law to protect a big chunk of the forested area).
6. Law of Environmental Crimes
a. Punishes any director, administrator, member of technical council or
board, auditor, manager, agent or representative of a company who knew
of the criminal conduct but did nothing to prevent it.
b. Restricting right penalties - replace prison sentences. This places
an excellent instrument at the judge's disposal, allowing him to select
the most appropriate option for the case, from the point of view
of dealing with the culprit and the environmental damage caused. Examples
include community service, suspension of activities, payment for damage
caused,etc. (There should definitely be more laws like this one).
c. The Brazilian government will offer all necessary cooperation to any
other country for the production of evidence, examination of objects and
places, temporary presence of any prisoner whose evidence
may be relevant to the decision of a case.