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The Attorney General of the Union (AGU) assured in court the maintenance of sanctions applied by the Brazilian Institute of Environment and Renewable Natural Resources (Ibama) to a rural producer of Vacaria, mountainous region of Rio Grande do Sul.
The institute applied a fine of approximately R 2 million and embarked an area of more than 300 hectares for illegal suppression of native vegetation protected from the Atlantic Forest biome. The Federal Regional Attorney of the 4th Region, AGU unit that represented Ibama, explained that the altitude fields, as well as the pampas, play a key role in regulating climate, water cycle, air quality and soil. In addition, it houses a singular biological diversity, with species that only exist in this region.
Although not easily perceived, fields store large amounts of carbon, helping to mitigate climate change, says Federal Prosecutor Giorgia Sena Martins, who worked in the case.
The inspection occurred in the context of Operation Campereada, carried out by Ibama in 2022 with the support of the Military Brigade to supervise illegal suppressions of the Campos de Cima da Serra, in the face of agricultural expansion with the replacement of traditional livestock, which occupied the native fields of the region, by monocultures such as soy, corn and potatoes. Located in the Atlantic Forest region of Rio Grande do Sul, the area is protected by Federal Law No. 11,428/06 and Federal Decree No. 6,660/08.
The farmer filed a lawsuit at the 9th Federal Court of Porto Alegre to nullify the sanctions. He claimed that the area was used for decades for agriculture, that deforestation was made by tenants and that Ibama was based only on satellite images, with no proper inspection. He also argued that vegetation was no longer native and that the punishment deadline would have already expired.
However, the Federal Regional Attorney of the 4th Region presented documents and technical reports that showed the opposite. Satellite images, along with the face -to -face survey, proved that there was illegal suppression of secondary native vegetation, in a middle stage or advanced regeneration, which is prohibited by the Atlantic Forest Law.
The PRF4 also maintained that the introduction of cattle or forage species does not disregard vegetation as native. According to the agency, even areas in early stage of regeneration require license for intervention, which did not exist in the case.
Although satellite images alone cannot distinguish between the average and advanced stages of regeneration, they are fully effective in identifying areas in initial regeneration, which is sufficient to characterize the infraction, explains federal prosecutor Giorgia Sena Martins.
The court of the 9th Federal Court of Porto Alegre recognized the legality of the procedure adopted by Ibama and dismissed the allegation of prescription, as it considered continued environmental damage. Validated the use of satellite images and the inspection performed, based on evidence of unauthorized suppression of protected vegetation. It also rejected the uncharacterization thesis of native vegetation due to agricultural use, maintaining the fine and the embargo of the area.
With the sentence, the court reaffirms the legal protection of the altitude fields of the Atlantic Forest, even when used for rural activities.
Impacts of monoculture
According to Giorgia Martins, the conversion of native fields into monoculture crops has caused serious environmental, social and economic impacts, such as pesticide contamination, loss of biodiversity and the intensification of extreme climate events, generating damage that exceeds the immediate profits of intensive production.
In the public health, the prosecutor warned of the purposes of intensive use of pesticides by monoculture In the regions of Santa Catarina and Rio Grande do Sul, record indexes of suicide, depression and cancer, which many experts associate continuous contact with pesticides. Contamination of soil and water resources increases the risk of diseases and impacts the quality of life of local communities, Carreing physical and mental health problems that compromise the well-being of the population , analyzes the prosecutor who is a masters degree in Environmental Law from the Federal University of Santa Catarina and a doctor in Geosciences from Unicamp.
Reference Process: 5070694-91.2023.4.04.7100
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