Jabutis de diferentes espécies e tamanhos ameaçam o novo Código Florestal

This technical briefing by the Climate Policy Initiative analyzes proposed amendments to Provisional Measure (MPV) No. 867/2018. While the original MPV seeks only to extend the deadline for joining the Environmental Regularization Program (PRA) until December 31, 2019, the authors argue that 35 proposed amendments—many of which are 'jabutis' (unrelated additions)—threaten the integrity of the 2012 Forest Code (Law No. 12.651/2012) and risk creating legal insecurity and further judicialization.

• Provisional Measure (MPV) No. 867/2018 was created to extend the deadline for rural properties to join the Environmental Regularization Program (PRA) to December 31, 2019, with a possible one-year extension by the Executive branch. The Ministry of Environment justified this because PRA implementation is uneven across states, and a lack of extension would harm small producers, family farmers, traditional communities, and agrarian reform settlers.
• Of the 35 parliamentary amendments presented, five have no thematic relation to the MPV, targeting the National Dam Safety Policy, the Environmental Crimes Law, and the Rural Territorial Property Tax (ITR). The remaining 30 amendments, while related to the Forest Code, exceed the specific scope of the PRA deadline and are described as 'jabutis' that bypass public debate.
• Amendments 00026, 00035, and 00021 propose changes to the PRA that would undermine its implementation. Amendments 00026 and 00035 would shift the responsibility to environmental agencies to notify owners of liabilities before the PRA deadline begins. Amendment 00021 would allow regularization and fine suspension without requiring PRA membership, reducing the commitment term to a mere declaratory document without extrajudicial enforcement power.
• Amendment 00028 seeks to modify Article 68 of Law No. 12.651/2012 by creating a specific list of laws and decrees to define Legal Reserve requirements based on vegetation type and biome. The authors argue this contradicts established judicial interpretations by the Superior Court of Justice (STJ), which view terms like 'forest' or 'woodland' broadly as 'native vegetation' across all biomes.
• The authors assert that these amendments are unconstitutional based on a Supreme Federal Court (STF) decision (ADI No. 5.127/DF), which prohibits 'legislative smuggling'—the introduction of matters unrelated to the central object of a provisional measure—as it violates democratic principles and the legislative process.
• The potential approval of these amendments poses several risks to the implementation of the Forest Code, including the interruption of existing state PRAs, the weakening of native vegetation protection, the need to revise state laws, and general legal insecurity.

APA

Chiavari, J., & Lopes, C. L. (2019). Jabutis de diferentes espécies e tamanhos ameaçam o novo Código Florestal. Climate Policy Initiative. https://www.climatepolicyinitiative.org/wp-content/uploads/2019/03/Nota-Tecnica-Medida-Provisoria-Prorroga-prazo-PRA-26Mar-PT.pdf

Chicago

Chiavari, Joana, and Cristina Leme Lopes. Jabutis de diferentes espécies e tamanhos ameaçam o novo Código Florestal. Climate Policy Initiative, 2019. https://www.climatepolicyinitiative.org/wp-content/uploads/2019/03/Nota-Tecnica-Medida-Provisoria-Prorroga-prazo-PRA-26Mar-PT.pdf.

Wikipedia

{{cite report |last1=Chiavari |first1=Joana |last2=Lopes |first2=Cristina Leme |title=Jabutis de diferentes espécies e tamanhos ameaçam o novo Código Florestal |publisher=Climate Policy Initiative |date=March 2019 |url=https://www.climatepolicyinitiative.org/wp-content/uploads/2019/03/Nota-Tecnica-Medida-Provisoria-Prorroga-prazo-PRA-26Mar-PT.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{chiavari2019jabutis, author = {Chiavari, Joana and Lopes, Cristina Leme}, title = {{Jabutis de diferentes espécies e tamanhos ameaçam o novo Código Florestal}}, 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-26Mar-PT.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }