Greater penalty and heinous crime: more than 40 projects in Congress target perpetrators of arson

The increase in the number of fires in the country caused a “boom” in the presentation of new proposals on the topic in the National Congress. Most projects establish increased penalties for those who cause arson.

Survey of CNN shows that there are at least 46 proposals being processed in the Chamber and the Senate to toughen penalties for perpetrators of intentional burnings or to make the practice a heinous crime – in this case, it would be considered an infraction of a more serious nature, with no possibility of bail or amnesty .

Of the proposals, 33 were presented this year. The oldest were presented in 2017. From the list, eight projects are under analysis in the Senate and 38 in the Chamber.

Current legislation establishes imprisonment of two to four years, in addition to a fine, for anyone who causes fires in forests or other forms of vegetation. Among other measures, the new projects propose qualifications for arson and a double or triple increase in the penalty.

According to the proposals, the punishment could be greater, for example, if the fire affects more than one municipality; in case of recurrence of the infraction; if it has an electoral or political motivation; if it reaches conservation units; and if it is committed during a drought, emergency or calamity.

The increase in the penalty has . The due accountability of the authors has also been defended by President Luiz Inácio Lula da Silva (PT).

Advancement after elections

One of the projects considered a priority by the government is authored by senator Davi Alcolumbre (União-AP). The text was presented in 2017 and initially provided for increased penalties for those who practice illegal extraction of mineral resources.

However, after being approved by the Senate and sent to the Chamber, in 2018, it was attached to 42 other proposals that provide, among other points, for the worsening of the penalty for the crime of forest fire.

The rapporteur at the Constitution and Justice Commission (CCJ), Patrus Ananias (PT-MG), presented a noun that increases the penalty for a series of environmental infractions, in addition to the illegal exploitation of mineral resources, such as arson, causing pollution and destroying or damage native forests.

Last Tuesday (17), the government leader in the Chamber of Deputies, José Guimarães (PT-CE), presented an urgent request for the proposal. If approved, the project can be analyzed directly by the Chamber plenary.

A CNN found that, despite the urgency request, the expectation is that the project will only begin in October, after the municipal elections, when Congress is expected to resume activities.

Climate terrorism and other issues

Other proposals with measures related to illegal burning are also being processed. President of the environmentalist front, deputy Nilto Tatto (PT-SP) presented a text that creates the crime of “climate terrorism”.

The crime would consist of action against the environment with the purpose of causing “social or generalized terror, exposing people, property, public peace or public safety to danger”.

Other projects deal with the participation of landowners in environmental crimes. Owners may be subject to a ban on granting credit or expropriation in the event of a repeat offense.

Government increases fines

On Friday (20), faced with the wave of fires in the country and the appeal of governors, the Executive issued a publication for infractions involving forest fires.

If fires begin in forests or other native vegetation, the fine will be R$10,000. If it happens in cultivated forests, the fine will be R$5,000.

The government also determined that, in cases where measures to prevent or combat forest fires are not adopted on properties, owners will pay fines ranging between R$5,000 and R$10 million.

Among the infractions that will have an increased fine are:

• Fire in agropastoral areas without authorization from the competent body: increases from R$1,000 to R$3,000;
• Failure to comply with an embargo on work or activity: the current penalty, from R$10,000 to R$1 million, was changed to a ceiling of R$10 million.

Governors pressure

Last Thursday (19), governors from ten states and the Federal District participated in . Managers highlighted the need to approve legislative projects to toughen penalties for those who criminally set fires.

They also asked for the approval of more resources to combat the fires, as was done in the first half of this year to help rebuild Rio Grande do Sul, after the floods that hit the state.

Previously, on Tuesday (17), President Luiz Inácio Lula da Silva (PT) brought together heads of the Three Powers to discuss the topic. Among those present were the presidents of the Chamber, Arthur Lira (PP-AL), of the Senate, Rodrigo Pacheco (PSD-MG), and of the Federal Supreme Court (STF), Luís Roberto Barroso.