Wilson Dias

According to Imazon, only 4% of the apprehended timber in the region was donated from 2004 to 2006

On Tuesday, November 11, in a public hearing of the Committee for Environment and Sustainable Development, environmentalists defended changes in the Law of Environmental Crimes (9.605/98) aiming at accelerating the destination of timber, seized in inspection operations.

According to the Brazilian Institute for Natural Renewable Resources (Ibama), only in 2006 and 2007, more than 873 thousand m³ of timber were seized in the Amazon, which is equivalent to 34 thousand trucks. From 2004 to 2006, according to Imazon, only 4% of the apprehended timber in the region was donated. The rest decayed or was illegally sold by the official guardians of the material.

The law rules that illegally extracted material should be evaluated and donated to specific medical or penal institutions or charities. The researcher of Instituto do Homem e Meio Ambiente da Amazônia (Imazon - Institute of Human and Environment), Paulo Barreto, considers that this procedure, in addition to being bureaucratic, hampers the transfer of the timber to various entities, such as the ones aiming at protecting environment.

Auction of the seized product
According to Barreto, the current legislation compromises the legal transfer of the timber seized by actions fighting deforestation and the law should prioritize the auctions of the product in order to revert the product of the crime in resources for the State, inclusively for actions of inspection and maintenance. Barreto says that, the way it is, the law finally benefits the offender.

The Decree that has hardened the enforcement of the Law of Environmental Crimes has recently reduced bureaucratic procedures on product-seizure processes, in addition to allowing governmental auctions of the seized material.

The Inspection Coordinator of Ibama, Luciano Evaristo, though, recognizes that the text of the decree extrapolates what is provided for by law. He fears that the enforcement of new rules may motivate legal suits.

"In order to judge, judges consider the text of the Law. When auctioning timber from any offender he will submit a preliminary injunction and the judge will see that that modality is now provided for in the law, and will simply be favorable to the offender and cancel the auction. Thus, the offender will get the timber back” criticized Evaristo.

Presented bill
Deputy Rebecca Garcia (PP-AM) proposed a bill (Bill 4099/08) allowing timber seized in inspection operations to be auctioned and the resulting amount to be destined to public funds fostering environment protection.
People invited to the hearing praised the proposal, but suggested some amendments on the text, such as the broadening of the range of institutions entitled to receive donations of the seized material. Suggestions must be incorporated to the proposal, according to the deputy.

The bill is been reviewed by the Environment Committee, and so is another proposal on the subject, (Bill 1965/07), proposed by the Deputy Marcelo Ortiz (PV-SP).

Report - Ana Raquel Macedo/Rádio Câmara
Editing - Newton Araújo Jr.