This is a Public Civil Action, with an injunction, filed by ISA, ABRAMPA and Greenpeace Brasil, against IBAMA and the Federal Union, in order to determine the nullity of IBAMA's Interpretative Order 7036900/2020, which waived the need to authorization, issued by the Agency, for the export of wood products and by-products of native species. According to the previous regulation, the person interested in obtaining the export authorization of wood products would have to present, in person, at the IBAMA unit that controls the customs warehouse, a series of documents proving the legality of the goods, submitting them to inspection and release. The plaintiffs, when challenging the order, argued that the request (only) of the Document of Forest Origin (DOF) is unsatisfactory for the correct inspection, monitoring and control of wood exports. The plaintiffs explained that the composition of the DOF is based on data entered by the interested parties themselves, and not by IBAMA, and that the Agency would not be able to intervene before the shipment of cargoes goes abroad.
The plaintiffs suggests that this change is part of the deconstruction of environmental public policy in Brazil, to the detriment of protective legislation. This relate to the risk of a higher incidence of illegal deforestation, especially in the Amazon, with the new order. The plaintiffs explain the relationship between the increase in deforestation and climate change, in particular the Brazilian scenario of high GHG emissions, derived from changes in land use, and the loss of carbon sinks, resulting from the suppression of native vegetation, in addition to its deleterious effects on tropical forests, with changes in the rainy season and an increase in the risk of reaching the "point of no return" of devastation of the Amazon Forest. In this sense, the plaintiffs request, in an injunction, that the suspension of the effects of Interpretative Order 7036900/2020 be determined, which waived the need for authorization for the export of wood products and by-products of native species and, definitively, requires if its nullity is determined, combined with the obligation to take all necessary measures to restore the effects of the previous regulation, regarding the requirement of authorization for the export of native wood.
At the moment, the process is under judicial secrecy, and it is not possible to consult the attached documents, progress and analysis of possible developments.
Case Documents:
No case documents are available.