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Environmental aspects of a project in
the Amazon
 | 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 offer 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).
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Laws of relevance to the mission and their basic premises:
(There are many laws that aim at protecting the environment. It's enforcement
that's the problem. Hopefully we can 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.
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| 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. |
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| 2. Advances in regulating access to biological
diversity |
| 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. |
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| 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 characteristic 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). |
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| 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). |
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| 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.
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| 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. |
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