Bill that militarizes environmental inspection gets push in Chamber

FELIPE WERNECK
FAKEBOOK.ECO

A bill that empowers Military Police forces (PM) to act in the fight against deforestation, insulating Ibama, advanced in the Federal Chamber of Deputies after the election of Carla Zambelli (PSL-SP)—federal deputy and ally to President Bolsonaro—for the presidency of the Environment Committee in March.

The bill, PL 6289/2019, establishes that state Military Police forces become part of the National Environment System (Sisnama), an agreement between federal, state and municipal environmental agencies created in 1981 through the National Environment Act. Only members of Sisnama can issue environmental fines and licenses, inspect and embargo rural properties, manage conservation units and control pollution, among other activities.

The bill is authored by deputy Coronel Tadeu (PSL-SP), a Military Police officer in the state of São Paulo and ally to President Bolsonaro. It is in fact a reissue of PL 7422/2014, by the then federal deputy and now President Jair Bolsonaro, filed in January 2019.

The main purpose of the proposal is to allow Military Police forces to act as environmental inspectors—the Environmental Crimes Law establishes that this is a prerogative of the agencies that are part of Sisnama, in addition to the Port Authority.

The bill had been left on ice for over a year. Five days after Zambelli was elected, on March 17, deputy Coronel Chrisóstomo (PSL-RO), reserve military officer, was appointed rapporteur. In 23 days he submitted a two-page report with an opinion in favor of the proposal’s approval.

The Environmental Commission has been chaired since March 12 by Zambelli, who published fake news about the Amazon and admitted not knowing what land grabbing was during her first live stream as chair of the commission.

Zambelli is married to Military Police Colonel Antonio Aginaldo de Oliveira, commander of the National Public Security Force, with ties to the Ministry of Justice, and who could benefit from results of the bill, if approved.

The bill empowers state Military Police agents, who will be allowed to impose environmental fines, seize equipment and embargo property from anyone who commits environmental crimes.

Some Military Police forces are already allowed to carry out inspection activities. However, this occurs through technical cooperation between law enforcement and state environmental agencies, which delegate this activity, but remain responsible for all related technical analysis, judgment and enforcement of the sanctions established.

The Military Police forces are public security agencies, as defined by the constitution, and act to deter crimes, just as the civil and federal police act to investigate them. Investing them with administrative competence and environmental inspection would create unusual situations within the agency. For example: from the moment when police are able to institute administrative environmental infringement processes, they must also have structures to carry out technical analyzes, judge processes and establish mechanisms for complying with sanctions and repairing damages. You will have to collect environmental fines, establish and monitor plans for environmental recovery, store and dispose of seized assets, among various other tasks typical of environmental agencies.

In the same way that the Military Police forces are not prepared to act in the environmental field, environmental agencies cannot take on the responsibilities of public security bodies. This overlapping of roles does not make sense in terms of public administration.

This is in fact the point made by Ibama’s director of Environmental Protection, major Olímpio Ferreira Magalhães, in a letter sent on the April 8 to the institute’s units to restrict the inspectors’ work: “(…) I instruct that the support of the public security organs on inspections carried out by this Agency is always formally required, whether in high-risk places or not, in order to guarantee the adequate presence of the agents of those bodies, specialized and legally competent for the use of the best public security techniques, according to the situation of the infraction.” He points out in the letter that although article 26 of Law No. 5.197/1967 equate environmental inspectors with public security agents, this only concerns the possession of firearms, necessary for the exercise of the function, and not public security activities.

The instruction of Ibama’s director conditions the carrying out of inspections to the presence of police officers. Considering that Military Police forces are not always willing to collaborate, the measure may hinder the agency’s inspection work.

This instruction can be better understood in light of other interests of Bolsonaro’s administration. Among them, (1) stimulate demands from Ibama to the Military Police forces so that the bill gains momentum and is approved by the National Congress; (2) have more control over what can and cannot be inspected; and (3) create a parallel force made up of Military Police officers to monitor deforestation in the Amazon, as Minister Ricardo Salles has been promising since 2019 and suggested again this month.

In an interview to the Estado de São Paulo, the Minister of the Environment, who appointed dozens of Military Police officers for positions inside the Ministry, Ibama and the Chico Mendes Institute, argued for the deployment of these public agents to combat deforestation in the Amazon, after the failure of the Armed Forces, which coordinated Operation Green Brazil 2.

Salles addresses the creation of a possible parallel force with Military Police officers and members of the National Public Security Force, completely insulating Ibama and the Chico Mendes Institute, and legally empowering Military Police officers (if the bill is approved). This was one of the mistakes of Operation Green Brazil, in addition to many others, as soldiers cannot issue infraction notices.

As the Minister declared to the newspaper, such force would be necessary to produce an immediate drop in deforestation rates, since, according to him, Military Police officers only have to be paid daily fees, while staffing Ibama (which is at least 700 inspectors short) would be expensive and would take “one year.” This shortage of agents has been known since before the new administration took office: Bolsonaro himself, in November 2018, said in a live stream that he would not in any way hire inspectors to staff Ibama and ICMBio, agencies he calls a “fine industry” and to which he wants to put an end.

Salles’ intention to create this “parallel Ibama” with police officers and restrict the role of the environmental agency—whose agents he cannot control—may be close to becoming a reality: the Minister is negotiating behind closed doors with the US government’s special envoy on climate, John Kerry, a cooperation agreement that should involve resources for Brazil and presumably protect the Amazon.

Salles told the Estado de São Paulo that he is demanding US$ 1 billion from the US to reduce deforestation “by 30% or 40%” in 2021. Negotiations are advancing, despite red flags raised by the Brazilian civil society, and at least one letter of intent can be presented at the climate summit convened by Biden on April 22.

“Instead of strengthening environmental agencies by tackling the shortage of inspectors and securing financial resources, as occurred in the past and which led to a reduction in deforestation, Bolsonaro’s administration prefers to take on key positions and empower the government’s base, creating a kind of environmental militia,” said Marcio Astrini, executive secretary of the Brazilian Climate Observatory.FELIPE WERNECK
FAKEBOOK.ECO

A bill that empowers Military Police forces (PM) to act in the fight against deforestation, insulating Ibama, advanced in the Federal Chamber of Deputies after the election of Carla Zambelli (PSL-SP)—federal deputy and ally to President Bolsonaro—for the presidency of the Environment Committee in March.

The bill, PL 6289/2019, establishes that state Military Police forces become part of the National Environment System (Sisnama), an agreement between federal, state and municipal environmental agencies created in 1981 through the National Environment Act. Only members of Sisnama can issue environmental fines and licenses, inspect and embargo rural properties, manage conservation units and control pollution, among other activities.

The bill is authored by deputy Coronel Tadeu (PSL-SP), a Military Police officer in the state of São Paulo and ally to President Bolsonaro. It is in fact a reissue of PL 7422/2014, by the then federal deputy and now President Jair Bolsonaro, filed in January 2019.

The main purpose of the proposal is to allow Military Police forces to act as environmental inspectors—the Environmental Crimes Law establishes that this is a prerogative of the agencies that are part of Sisnama, in addition to the Port Authority.

The bill had been left on ice for over a year. Five days after Zambelli was elected, on March 17, deputy Coronel Chrisóstomo (PSL-RO), reserve military officer, was appointed rapporteur. In 23 days he submitted a two-page report with an opinion in favor of the proposal’s approval.

The Environmental Commission has been chaired since March 12 by Zambelli, who published fake news about the Amazon and admitted not knowing what land grabbing was during her first live stream as chair of the commission.

Zambelli is married to Military Police Colonel Antonio Aginaldo de Oliveira, commander of the National Public Security Force, with ties to the Ministry of Justice, and who could benefit from results of the bill, if approved.

The bill empowers state Military Police agents, who will be allowed to impose environmental fines, seize equipment and embargo property from anyone who commits environmental crimes.

Some Military Police forces are already allowed to carry out inspection activities. However, this occurs through technical cooperation between law enforcement and state environmental agencies, which delegate this activity, but remain responsible for all related technical analysis, judgment and enforcement of the sanctions established.

The Military Police forces are public security agencies, as defined by the constitution, and act to deter crimes, just as the civil and federal police act to investigate them. Investing them with administrative competence and environmental inspection would create unusual situations within the agency. For example: from the moment when police are able to institute administrative environmental infringement processes, they must also have structures to carry out technical analyzes, judge processes and establish mechanisms for complying with sanctions and repairing damages. You will have to collect environmental fines, establish and monitor plans for environmental recovery, store and dispose of seized assets, among various other tasks typical of environmental agencies.

In the same way that the Military Police forces are not prepared to act in the environmental field, environmental agencies cannot take on the responsibilities of public security bodies. This overlapping of roles does not make sense in terms of public administration.

This is in fact the point made by Ibama’s director of Environmental Protection, major Olímpio Ferreira Magalhães, in a letter sent on the April 8 to the institute’s units to restrict the inspectors’ work: “(…) I instruct that the support of the public security organs on inspections carried out by this Agency is always formally required, whether in high-risk places or not, in order to guarantee the adequate presence of the agents of those bodies, specialized and legally competent for the use of the best public security techniques, according to the situation of the infraction.” He points out in the letter that although article 26 of Law No. 5.197/1967 equate environmental inspectors with public security agents, this only concerns the possession of firearms, necessary for the exercise of the function, and not public security activities.

The instruction of Ibama’s director conditions the carrying out of inspections to the presence of police officers. Considering that Military Police forces are not always willing to collaborate, the measure may hinder the agency’s inspection work.

This instruction can be better understood in light of other interests of Bolsonaro’s administration. Among them, (1) stimulate demands from Ibama to the Military Police forces so that the bill gains momentum and is approved by the National Congress; (2) have more control over what can and cannot be inspected; and (3) create a parallel force made up of Military Police officers to monitor deforestation in the Amazon, as Minister Ricardo Salles has been promising since 2019 and suggested again this month.

In an interview to the Estado de São Paulo, the Minister of the Environment, who appointed dozens of Military Police officers for positions inside the Ministry, Ibama and the Chico Mendes Institute, argued for the deployment of these public agents to combat deforestation in the Amazon, after the failure of the Armed Forces, which coordinated Operation Green Brazil 2.

Salles addresses the creation of a possible parallel force with Military Police officers and members of the National Public Security Force, completely insulating Ibama and the Chico Mendes Institute, and legally empowering Military Police officers (if the bill is approved). This was one of the mistakes of Operation Green Brazil, in addition to many others, as soldiers cannot issue infraction notices.

As the Minister declared to the newspaper, such force would be necessary to produce an immediate drop in deforestation rates, since, according to him, Military Police officers only have to be paid daily fees, while staffing Ibama (which is at least 700 inspectors short) would be expensive and would take “one year.” This shortage of agents has been known since before the new administration took office: Bolsonaro himself, in November 2018, said in a live stream that he would not in any way hire inspectors to staff Ibama and ICMBio, agencies he calls a “fine industry” and to which he wants to put an end.

Salles’ intention to create this “parallel Ibama” with police officers and restrict the role of the environmental agency—whose agents he cannot control—may be close to becoming a reality: the Minister is negotiating behind closed doors with the US government’s special envoy on climate, John Kerry, a cooperation agreement that should involve resources for Brazil and presumably protect the Amazon.

Salles told the Estado de São Paulo that he is demanding US$ 1 billion from the US to reduce deforestation “by 30% or 40%” in 2021. Negotiations are advancing, despite red flags raised by the Brazilian civil society, and at least one letter of intent can be presented at the climate summit convened by Biden on April 22.

“Instead of strengthening environmental agencies by tackling the shortage of inspectors and securing financial resources, as occurred in the past and which led to a reduction in deforestation, Bolsonaro’s administration prefers to take on key positions and empower the government’s base, creating a kind of environmental militia,” said Marcio Astrini, executive secretary of the Brazilian Climate Observatory.