One more time, Brazil will be in the global eyes with the United Nations Conference on Sustainable Development (popularly known as Rio+20) taking place June next. By this time, the new Brazilian regulatory mark on environment is supposed to be in force, it means, producing its normal and expected effects.
However, this regulatory process could be discontinued because people around the World have been averting the possible changes in the environmental Brazilian legislation, under the argument that ‘if these changes go though they could let hundreds of forest criminals off the hook, and massively expand the amount of forest under threat from the chainsaws’ (Paulo Adario, from The Guardian), concluding this way that ‘doing nothing’ about this question would be the top of the range. Unfortunately, the vast majority here really put their feet in it.
First of all, committing crimes or other forms of rights violations is not just a matter related to the content of a legal rule, but a hundred more times connected with the cultural level of the society that it is supposed to rule and especially for the grade of the law enforcement. Thus, it is an ingenuous idea which deforestation of Amazon would last or increase just with paper and ink from the Brazilian Parliament.
Afterwards, the alleged and passed on ‘amnesty’ of the ‘environmental criminals’ is more a gossip produced by international non-governmental organisations (such as WWF and Greenpeace) in order to grab the public opinion than the truth which is hidden under these tons of lies.
The occupation of the Brazilian territory, following the historical tendencies verified all over the World, occurred mainly near the brooks and rivers, where the soil is markedly more fertile.
According to current Brazilian Forest Code, for instance, the banks of streams up to 10 metres are considered ‘Areas of Permanent Protection’, wherefrom they are not subject to any kind of legal human intervention, unless in case of social or public interest. Considering the source, the vast majority of Brazilian farmers and also urban zones are, for all purposes, in an illegal situation.
Having these facts in consideration, the Brazilian Parliament have been discussing a ‘rule of transition’, where some consolidated situations would be tolerated whether a vast series of obligations is accomplished by the lands’ owner, proving this way legal certainty.
The other obligation that has the Brazilian owner of a rural property is to constitute, plant and maintain a ‘legal reserve’, a forested area inside your domains that cannot be explored.
In the ‘legal Amazon’ area, the legal reserve covers, at least, 80% of your property. In my opinion, even though it seems to be an overstatement, the especial protection granted by the present legislation must be sustained, especially because our forests, in spite of their apparently exuberance and strength, are essentially fragile.
You may say that I am a dreamer, but I really suggest that the International Environmental NGOs take advantage of the ‘Rio+20’ Conference to start promoting the idea of ‘legal reserves’ all over the World, beginning in their home country. It would be such a dream-like in ten years’ time seeing Europe and the United States, for instance, plenty of forests indwell with multi-colored birds, curious insects, vivid mammals and all sort things that were suppressed by centuries of human intervention.
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