The Lost Legacy of Brazil’s Environmental Policy

Amazon 22 by CIAT International Center for Tropical Agriculture licensed with a CC BY-SA 2.0 license.

As the largest rainforest in the world at 6.9 million square kilometres, the Amazon rainforest is a critical part of the climate of South America and home to millions of unique species of animals. Its importance extends beyond the nonhuman natural world, as the Amazon rainforest plays a pivotal role in many communities. Nearly 400 indigenous communities inhabit the Amazon, and nearly 70% of South America’s GDP is produced in areas that receive rainfall and water from the Amazon. With nearly 60% of the Amazon being within Brazil’s borders, the country holds the power to dictate the forest’s future. Although Brazil was a pioneer in environmental policy introducing legislation like the National Environmental Policy in the late 20th century, this legacy is now being threatened by the administration of Jair Bolsonaro, whose legislative moves have prioritized the economy over the environment. This change in stance could threaten the health of the Amazon in the long run. 

On January 31st, 1981, the National Environmental Policy was enacted. Federal Law no. 6938 (which establishes the NEP) is included in the Brazilian Constitution and was the most comprehensive ‘civil code’ in Brazil at the time, establishing the mechanisms necessary for its own enforcement, like the National Environmental System. The focus of the policy was the establishment of environmental quality standards, which were seen as the method to achieve optimal standards for socioeconomic success. The second article of the NEP includes supervision of the use of environmental resources, the protection of ecosystems, and the monitoring of the state of environmental quality. Article 9 of the NEP established environmental zoning and EIA/EIR (Environmental Impact Assessment/ Environmental Impact Report). In this context, environmental zoning evaluates ecological importance and the limitations of ecosystems of certain areas and reviews what economic activities can occur there. Business enterprises were thus required to undergo governmental processes that evaluated the environmental impact of their activities if they were in a certain environmental zone. Therefore, economic activities in the Amazon rainforest would be continuously monitored by the government and guaranteed not to be environmentally damaging. 

With the introduction of the National Environmental Policy, Brazil developed an extensive system of environmental governance. The aforementioned National Environmental System consolidated national political bodies and environmental institutions of the Union, the states, the municipalities, and the Federal District. At the top of this governmental structure is the National Government Council which advises the President on environmental matters. Similarly, the National Environmental Council advises the government and dictates the legislation that the states and municipalities must follow. The Ministry of the Environment (MMA) is the body charged with the application and management of the National Environmental Policy. The comprehensive structure of environmental governance in Brazil permitted the country to become one of the most progressive  countries in regards to environmental policy. 

One of the main targets of the environmental governmental agencies in Brazil was to tackle deforestation of the Amazon. In 2004, Action Plan to Combat Deforestation in Amazônia Legal

(PPCDAm) was launched to mitigate deforestation and its effects. The bill was initiated by 13 ministries under the coordination of the Executive Office of the Presidency (Casa Civil). Through the use of satellite monitoring systems, Brazil strengthened its monitoring system with increased fines, targeted inspections, and restricted use of protected areas. The bill also moved to protect more rural areas and granted more property titles in these areas. Lastly, it moved to encourage more sustainable logging programs,  causing the industry to be more sustainable in the long term. In 2012, Brazil introduced the new Forest Code, replacing its 1965 counterpart, in order to reconcile forest protection on private lands, biodiversity conservation, and economic development. Through these legislative moves, Brazil had developed one of the most comprehensive conservation systems in the world, complete with first-rate deforestation monitoring systems. 

Since the election of Jair Bolsonaro and his administration in 2019, Brazil has taken steps that move away from its legacy of environmental protection. Despite promises of the country’s dedication to international targets, the Bolsonaro regime adopted a strategy of dismantling the previously existing environmental mechanisms, through bypassing Congress during the peak of the COVID-19 pandemic in the country. From March to September 2020, Brazil passed 27 pieces of legislation that weakened Brazil’s environmental laws. While these policies are not completely crippled because they have not been approved by Congress, there has already been a 72% decrease in environmental fines since the beginning of the pandemic, despite an increase in deforestation during this time.

It is difficult to concisely state the effects of the environmental policies enacted by the Bolsonaro administration due to the complexity of an enormous legislative overhaul however it is clear that they work to undermine previously existing environmental regulations. For example, one of the most significant of these acts was an order from the Minister of the Environment to reduce protection and provide amnesty for deforestation in the Atlantic Forest. This would result in the removal of protection of 110 000 square kilometres of currently protected forestry and natural life. These acts have also extended deadlines for certain environmental projects, resulting in an extension of logging contracts, permitting the deforestation projects to continue for another year.

The acts move beyond the dismantling of policy, to the dismantling of the environmental governmental structures as well, which has also intensified with the pandemic. Throughout national bodies, members of the police and military have been systematically replacing the previous administrative staff of environmental agencies who had expertise in the area. This weakens these agencies as the new administration does not have the academic expertise to continue the same level of operations.

According to the World Wide Fund for Nature-Brazil, the results of the Bolsonaro administration’s efforts to undermine the country’s environmental policy has already resulted in devastating environmental effects: Brazil has recently experienced unprecedented numbers of forest fires in the Amazonian rainforest largely due to the methods used by criminal logging enterprises. The Brazilian government has initiated immediate responses to these fires with bans of unauthorized outdoor fires and the deployment of the military to aid in firefighting but has failed to acknowledge their part in these environmental disasters.

Ultimately, deforestation under the Bolsonaro regime has seen a twelve-year high in 2020. The dismantling measures by the government have caused both the Brazilian people and the international community to voice their concerns and pressure the government to return to its previous environmental framework. Behind the concern lies general anxiety about the climate crisis and the unknown long-term effects of Brazil’s departure from its environmental legacy. At COP 26 in Glasgow, the Brazilian representatives committed to banning deforestation in 2028, but with no concrete plan to turn this into action, it remains to be seen if Brazil will acknowledge their harmful policies and turn to aid in mitigating the climate crisis.