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• (FCC 2012)

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Environmental law in Brazil

BRAZIL’S gridlocked Congress often ends up passing contentious laws only after the combatants collapse in exhaustion. So it is with the revision of the Forest Code, a set of rules that , ... A ... the name, apply to all privately owned rural land, not just plots in wooded areas. The code, originally approved in 1965, requires owners to keep native vegetation on parts of their land − 80% in the Amazon, less elsewhere − and in erosion-prone and biodiverse areas such as riverbanks and mangrove swamps. But it was long ignored .

Since harsher penalties and enforcement were introduced in the late 1990s the ruralistas, as Brazil’s powerful farming lobby is known, have been trying to revise the code. On April 25th, after 13 years of arguments, rewrites and stalling, the final text landed on the desk of the president, Dilma Rousseff. It was far from the version she wanted. Two government defeats in the ruralista-packed lower house meant it contained few of her own previous revisions or those of the more green-friendly Senate .

The president faced a difficult choice: to scrap the text and start again − which would probably be taken as a declaration of war by the ruralistas − or to make the best of a bad job. She chose the latter. On May 25th ministers went to Congress to say that the president would veto 12 of the new code’s 84 articles and make 32 smaller cuts. The resulting holes would be backfilled in a separate executive decree. Only on May 28th were the details published .

Under Ms Rousseff’s veto, the amnesty sought by ruralistas will apply only to smallholders, who will still have to replant 20% of their plots. Everyone else will have five years to right past wrongs and add their properties to a new Rural Environmental Register. Holdouts will be denied bank loans and face prosecution .

Rubens Ricupero, one of ten former environment ministers consulted by the president before the veto, praises her attempt to strike a balance. Treating small landowners more leniently was both practical, he thinks − they account for 90% of rural properties by number but just 24% by area − and socially just: few could afford much replanting .

(Adapted from http:// www.economist.com /node/21556245?zid=305&ah=417bd5664dc76da5d98af4f7a640fd8a)