The Senate unanimously approves a bill aimed at addressing the Pantanal fire crisis. The vote is considered a victory for the government's environmental wing.
Text updated on 7/6/2024, at 13:07 pm
We were wrong: contrary to what was initially reported, PL 5.482/2020 (Pantanal Statute) was not approved in the plenary, but in the Senate Environment Committee.
On Wednesday night (3), the Senate plenary approved the project that creates the National Integrated Fire Management Policy (PNMIF), with guidelines and general rules for the control and safe use of vegetation burning in rural areas throughout the country (find out more in the box at the end of the report).
The proposal, which now awaits presidential approval, seeks to reduce and punish arson, provides instruments for the gradual replacement of the use of fire, rules for protected areas, bodies for formulating and coordinating national policy on the matter, among other points.
The approval of the Bill (PL) 1.818/2022 This comes amid the Pantanal's worst fire crisis since 1998, when records began. The area consumed and the number of hotspots have already surpassed those observed in 2020, the year previously considered the worst in the historical series.
Comparing the first half of 2020 to 2024, the number of fires jumped from 2,5 to 3,5, an increase of 40%., according to the National Institute for Space Research (INPE). This year, the area destroyed totals 700 hectares, or twice the size of the city of São Paulo – more than 4% of the biome, according to the Environmental Satellite Applications Laboratory of the Federal University of Rio de Janeiro (LASA-UFRJ).
The bill had the support of the Lula administration, and its approval was seen as a response to the current situation and a victory for Environment Minister Marina Silva. The bill also received support from researchers and environmental organizations.
“Efforts for consensus prevailed and now Brazil has a solid and adequate policy to face this serious problem, which affects the environment, the economy and social rights,” says Mauricio Guetta, legal consultant for the ISA who supported the drafting of the approved text. "The new law should be welcomed and fully sanctioned by the President of the Republic, following unanimous approval by both the Chamber of Deputies and the Senate," he argues.
"The measure will contribute to Brazil's development in combating forest fires," celebrated on X (formerly Twitter) the rapporteur of the matter, Senator Fabiano Contarato (PT-ES).
Unanimous approval
The bill ended up being symbolically approved (unanimously, without individual votes being recorded), after a last-minute agreement in which Senator Tereza Cristina (PP-MS) withdrew her amendments. She feared that the government would change and tighten the rules for authorizing the burning of Decree 2.661 / 1998, which had regulated the matter until then. To avoid this, he intended to insert a section of the rule into the text of the new law. After negotiations, the government leader in the Senate, Jaques Wagner (Workers' Party-BA), promised not to change the decree.
Bill 1.818/2022 was presented by the government of Michel Temer (2016-2018), during the administration of former deputy Sarney Filho (PV-MA) at the Ministry of the Environment (MMA), and approved by the Chamber in 2021, after the great fire season in the Pantanal and the Amazon, in 2020
Just yesterday morning, The Senate Environment Committee approved, in a conclusive manner (definitive, in this legislative house), another PL, No. 5.482/2020, which establishes the “Pantanal Statute”, also as a response to the crisis in the biome. Environmental organizations, such as SOS Pantanal and WWF-Brazil, however, criticized points of the proposal. If there is no request for consideration in the plenary, the project goes to the Chamber.
What does the project say?
Bill 1.818 reinforces the prohibition on setting fires as a method of suppressing native vegetation, except when the objective is the controlled burning of its residues. The practice will be permitted, without the need for authorization, for subsistence farming by indigenous peoples, traditional communities, and family farmers. Authorization will be required for rural producers, tree monocultures, scientific research, environmental conservation, and fire prevention and control. Anyone wishing to legally conduct prescribed burning must submit Integrated Fire Management Plans (PMIF).
The text allows the environmental agency to establish criteria for authorizing the use of fire based on adherence and commitment, provided that the environmental and safety requirements of the law are met. Authorization for these burns may be suspended or canceled in certain situations, such as in cases of risk of death, environmental damage, adverse weather conditions, or noncompliance with legislation.
The bill also creates the National Integrated Fire Management Committee (CNMIF), an inter-institutional advisory and deliberative body for the PNMIF. The committee will have representatives from civil society and public authorities at all levels and will be linked to the Ministry of the Environment (MMA). Its responsibilities include proposing coordination mechanisms for detecting and controlling forest fires and instruments for analyzing the impacts of fires and integrated fire management on land-use change, ecosystem conservation, public health, flora, fauna, and climate change.
The bill also establishes the National Fire Information System (Sisfogo), which will manage information on forest fires, controlled burns, and prescribed burns nationwide. The bill also encourages the training and development of forest firefighters, both from public agencies and volunteers.
Indigenous and traditional communities
One of the celebrated advances of Bill 1.818/2022 is the establishment of standards respecting the practices and knowledge of Indigenous peoples and traditional communities on this topic. These communities possess ancient knowledge about the sustainable use of fire, for example, for clearing and preserving farmland.
In recent years, however, the effects of climate change, such as the disruption of dry and rainy seasons, have made its implementation more difficult, resulting in small fires, which had been safely managed for centuries, spiraling out of control. Similarly, forest fires set by invaders or neighbors have also caused extensive damage to traditional territories.
Although the new law does not require authorization for the use of fire in these communities, it requires prior internal agreement and communication with the forestry brigade responsible for the area. Furthermore, burning must always occur under appropriate conditions, such as at the appropriate time of year, to avoid accidents.
Integrated management actions in these territories, as provided for in national policy, must be implemented by Ibama, in partnership with the responsible bodies involved, such as the National Foundation for Indigenous Peoples (Funai), the Palmares Cultural Foundation, the National Institute for Colonization and Agrarian Reform (Incra) and the Secretariat for Coordination and Governance of the Union's Heritage.
When the environmental agency authorizes controlled burning in areas neighboring Indigenous or Quilombola territories and in the buffer zones of conservation units, it must inform the respective managing agencies. If there is overlap between protected areas, integrated fire management must be planned to align the objectives, nature, and purpose of each area.
What is fire management?
Integrated Fire Management (IFM) is a technique that allows users to choose the timing, weather conditions, frequency, and location of fire that can or cannot be safely used on vegetation. The goal of IFM is to prevent large fires and greenhouse gas emissions, and to protect the most sensitive ecosystems, productive areas, and areas that are priorities for conservation.
Bill 1.818/2022 defines two types of legally permitted burning: controlled and prescribed. The former is used for agricultural purposes in specific areas and must be included in an integrated fire management plan, with prior authorization from the appropriate agencies. Prescribed burning, on the other hand, involves planning and controlling the fire for conservation, research, or management purposes within the integrated plan. This is what occurs, for example, in the control of exotic or invasive species. This type also requires prior authorization.
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