On Semptember 20, the Federal Government published a Provisional Measure and Decree to combat forest fires, which are spreading across Brazilian biomes, exacerbating the climate crisis and causing enormous economic and socio-environmental damage to the country.
The President signed Provisional Measure No. 1.259/2024, which provides for the granting of economic benefits and financial aid, whether reimbursable or not, to the Union, States, and the Federal District to support measures to prevent and combat illegal fires and forest fires, which are affecting large tracts of land across various biomes.
The exceptional actions of transferring resources (without adhering to the fiscal framework) are conditional upon the declaration of a public calamity or state of emergency, which must be recognized by the federal government under the terms of Law No. 12.608/2012. Nonetheless, the emergency fund transfer procedure must comply with public administration transparency, control, and oversight rules.
In this sense, the federal, state, and district administrations are authorized to receive donations, loans, financing, and other benefits from public and private financial institutions, even if they are in irregular situations or have pending issues in the fiscal, labor, or social security areas. Furthermore, there is authorization for the importation of goods and services, provided that the unavailability of supply by a national company is proven.
On the same date, as an act of the Executive Branch, Decree No. 12.189/2024 was published, amending Decree No. 6.514/2008 to apply new sanctions and increase the penalties imposed on those responsible for fires in forests or any vegetation formations.
The regulation now provides for a fine of BRL 3,000 per hectare or fraction in cases of fire use in agro-pastoral areas without authorization or in violation of environmental regulations; a fine of BRL 10,000 per hectare or fraction for those causing fires in any type of native vegetation; and BRL 5,000 in cases where the forests are cultivated.
Moreover, the owner of the property who fails to adopt fire prevention and control measures, according to other environmental regulations, including those of the National Committee for Integrated Fire Management, may face fines ranging from BRL 5,000 to BRL 10,000,000.
If environmental degradation against flora occurs on indigenous land or is caused by fire and fires, except for specific cases, the penalty will be doubled.
Additionally:
- Those who violate a suspension or restrictive sanction of rights will face fines ranging from BRL 10,000 to BRL 10,000,000.
- Anyone who, in any way, uses a species, product, or substance of animal or plant origin without authorization or in violation of it may be held responsible for paying BRL 100 to BRL 1,000 per kilogram, hectare, or other compatible unit of measurement.
- Those responsible for repairing, compensating, or indemnifying for environmental damage, as required by the authority, who fail to take such measures, may be fined between BRL 10,000 and BRL 50,000,000, with the claim for repair being imprescriptible.
Finally, the Decree introduces changes related to the non-applicability of work embargoes in areas of permanent preservation or legal reserves, except in cases of unauthorized deforestation and fires; establishes the conditions for applying restrictive sanctions of rights and their duration; and provides for the possibility of electronic notification or access to the electronic administrative process by the fined party or their attorney, as a way to expedite the administrative process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
