SUMMARY TECHNICAL NOTE AMENDMENTS TO A PROVISIONAL MEASURE THREATEN THE IMPLEMENTATION OF BRAZIL’S NEW FOREST CODE

The document examines Provisional Measure 867/2018, which aims to extend the deadline for entry into the Environmental Regularization Program (PRA) under Brazil's Law 12,651/2012 (the new Forest Code). While the author supports the deadline extension to protect small producers and traditional communities, they warn that 35 proposed amendments to the measure could undermine the Forest Code by altering rules on Legal Reserves and forest offsets, potentially reintroducing provisions already rejected by the Supreme Court in 2018. The brief recommends that the National Congress approve the original version of the measure and reject all amendments to avoid legal uncertainty and the interruption of state-level PRAs.

• Provisional Measure 867/2018 was designed to extend the deadline for entry into the Environmental Regularization Program (PRA) because the implementation of the PRA varies by state and many have not yet regulated their versions. This extension is intended to prevent negative impacts on "small producers, family farmers, and traditional peoples and communities who have received land grants through the agrarian reform program."
• Proposed amendments to MPV 867/2018 threaten the integrity of the new Forest Code, specifically regarding rules for the PRA, the percentage of Legal Reserve, and mandatory forest offset. Some of these amendments attempt to bring back rules from Law 12,651/2012 that the Supreme Court had already ruled against on February 28, 2018.
• If the National Congress approves these amendments, it could trigger a new period of legal uncertainty, leading to new lawsuits, the need to revise existing state laws, and the potential interruption of PRAs currently in progress across the states.
• The legislative process for the amendments to MPV 867/2018 is criticized for lacking public participation, sufficient debate, and parliamentary involvement, and for failing to meet the standards of urgency and relevance required for provisional measures.

APA

Chiavari, J., & Lopes, C. L. (2019). SUMMARY TECHNICAL NOTE AMENDMENTS TO A PROVISIONAL MEASURE THREATEN THE IMPLEMENTATION OF BRAZIL’S NEW FOREST CODE. Climate Policy Initiative. https://www.climatepolicyinitiative.org/wp-content/uploads/2019/03/Nota-Tecnica-Medida-Provisoria-Prorroga-prazo-PRA-21Março2019-EN.pdf

Chicago

Chiavari, Joana, and Cristina Leme Lopes. SUMMARY TECHNICAL NOTE AMENDMENTS TO A PROVISIONAL MEASURE THREATEN THE IMPLEMENTATION OF BRAZIL’S NEW FOREST CODE. Climate Policy Initiative, 2019. https://www.climatepolicyinitiative.org/wp-content/uploads/2019/03/Nota-Tecnica-Medida-Provisoria-Prorroga-prazo-PRA-21Março2019-EN.pdf.

Wikipedia

{{cite report |last1=Chiavari |first1=Joana |last2=Lopes |first2=Cristina Leme |title=SUMMARY TECHNICAL NOTE AMENDMENTS TO A PROVISIONAL MEASURE THREATEN THE IMPLEMENTATION OF BRAZIL’S NEW FOREST CODE |publisher=Climate Policy Initiative |date=March 2019 |url=https://www.climatepolicyinitiative.org/wp-content/uploads/2019/03/Nota-Tecnica-Medida-Provisoria-Prorroga-prazo-PRA-21Março2019-EN.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{chiavari2019summary, author = {Chiavari, Joana and Lopes, Cristina Leme}, title = {{SUMMARY TECHNICAL NOTE AMENDMENTS TO A PROVISIONAL MEASURE THREATEN THE IMPLEMENTATION OF BRAZIL’S NEW FOREST CODE}}, institution = {Climate Policy Initiative}, year = {2019}, month = mar, url = {https://www.climatepolicyinitiative.org/wp-content/uploads/2019/03/Nota-Tecnica-Medida-Provisoria-Prorroga-prazo-PRA-21Março2019-EN.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }