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Environmental aspects of a project in the Amazon

bulletAn 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.)
bulletAn 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.)
bulletProposes 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)
bulletStates 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).

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)

bullet1. In Brazil, imports of non-native organisms require prior authorization from the MMA and/or the Ministry of Agriculture  and Supply.
bulleta. 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.
bulletb. Decree No. 24, 548 establishes the regulations for importing domestic stock for farming.
bulletc. Decree No. 221 establishes the norms for importing aquatic species of any stage of development.
bulletd. Edict No. 29 establishes the regulations for imports of wild organisms
bullete. 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.
bulletf. Genetically modified organisms are not allowed into Brazil as a result of a report by the National Technical Commission for BioSafety.
bulletg. 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.
bullet2. Advances in regulating access to biological diversity
bullet3. Protection of new species legislation:
bulleta. 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.
bullet4. Industrial Property Legislation:
bulleta. 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).
bullet5. The Forest Code (specifically law no. 4,771)
bulleta. 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.
bulletb. 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).
bulletc. 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).
bullet6. Law of Environmental Crimes
bulleta. 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.
bulletb. 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).
bulletc. 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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Last updated: 11/05/02.