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

This policy brief by the Climate Policy Initiative warns that proposed amendments to Provisional Measure (MPV) 867/2018 threaten the implementation of Brazil's new Forest Code (Law 12,651/2012). While the original purpose of the MPV is to extend the deadline for entry into the Environmental Regularization Program (PRA), the authors argue that accompanying amendments could reintroduce rejected rules and create legal uncertainty.

• Provisional Measure (MPV) 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 states have not yet regulated their versions. The Minister of the Environment justified this extension to avoid negatively impacting traditional communities, family farmers, and small producers who received land through agrarian reform.
• Proposed amendments to MPV 867/2018 are viewed as threats to the new Forest Code, specifically regarding mandatory forest offset, the percentage of Legal Reserve, and PRA rules. Some amendments attempt to bring back rules from Law 12,651/2012 that the Supreme Court had already rejected in a February 28, 2018 ruling.
• The Climate Policy Initiative warns that if Congress approves these amendments, it could lead to a new period of legal uncertainty, including the interruption of existing state PRAs, the need to revise state laws, and new lawsuits against the Forest Code.
• The authors recommend that the National Congress reject the proposed amendments and approve the provisional measure only in its original version, as the deadline extension for the PRA is necessary but the amendments are not pertinent to the MPV's central objective.

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} }