Mato Grosso do Sul producers can go without rural creditThursday February 26th, 2015
More than 650 farmers of Mato Grosso do Sul are at risk of losing access to rural credit. They did the Rural Environmental Registry (CAR) of their property after November 20, when the state began to accept that the CAR was done by registration of real estate in office. Main instrument of the Forest Code, the CAR has become mandatory for all farms in the country and brings together environmental information about the properties as protected areas, areas of native vegetation and productive areas.
A resolution of the Department of Environment, Planning and Science and Technology (SEMAC) MS modified on November 20, 2014 the regulations of the CAR in the state. Contrary to the understanding of the federal government that the CAR has to be done by rural property of continuous area, Resolution No. 22 of SEMAC guarantees rural properties with more than one application notarized the right to choose between making a single register or CAR for each of the enrollment, as if they belonged to different properties.
According to the Ministry of Environment (MMA), all those who have CAR for registration should fall into the fine mesh of Sychar – the integrated system of the CAR Ministry of Environment, which issues receipts for environmental compliance accepted by the banking system and where all environmental records of rural properties are sent.
Even though the state Department of Environment has declared the environmental records of these properties as realized in Sychar they will be automatically categorized as pending when the system finds neighboring properties recorded with the same CPF. Banks are already demanding the CAR to release rural credit, even if the CAR only pass to be compulsory for obtaining rural credit from 2017, according to the new Forest Code.
The CAR for MS registration allows medium and large buildings with multiple registrations can be fractionated and benefit from the new Code rule exempting smallholders (whose properties have up to 4 rural modules) to regenerate or reforest illegal deforestation carried out by July 2008, when the fines for such violations were fixed at high values. For all other properties, minimum percentage of native vegetation (Legal Reserve) and restoration of permanent preservation areas (river banks and hilltops) are required. In practice, the CAR for registration extends the benefit granted to small also medium and large producers.
The PMDB lost the government to the PSDB in the last elections for governor in MS, but “the resolution will not be reviewed,” according Lorivaldo Antonio de Paula, Director Development substitute Institute for the Environment MS (IMASUL). “The matter has been much discussed with the productive sector, is being well used and there was no question.” He considers the character of Instruction No. 2 of the MMA, which defines rural property as a continuous area, purely “guidance” and assures: “We are not doing wrong. We’re doing different. ”
Attempts to expand to major concessions made to smallholders in the new Forest Code started in the processing of the reform of the Code, completed in 2012. It was revived in early 2014, when the Ministry of Agriculture, Livestock and Supply (MAPA) delayed for several months the regulation of CAR by the federal government to dispute the interpretation of the concept of rural property given by the Ministry of Environment (MMA).
During the dispute, denounced by OCF , the then Minister of Agriculture, Antonio Andrade, said the Center’s Forest Code that “Instruction does not have the power to change a law,” referring to the Land Statute and the Law 8629 (which regulated the Agrarian Reform under the Constitution). The IN in question, developed by MMA, was eventually published in May and started the environmental registration process of all rural properties in the country, also provided by the Code.
The minister was replaced and prevailed MMA understanding that registration in the CAR should be made by rural property, even if your record be given in several continuous enrollment, not by registration. The prevailing opinion of INCRA (and MMA) that rural properties are characterized by continuous areas.
The argument for the introduction of CAR for enrollment in the MS has a different legal basis of the defended last year by the Ministry of Agriculture and is based on the Public Records Act (6015), which does not differentiate between the concepts of property and ownership. But the goal is the same: The very Resolution 22 confirms that “the application of the agrarian concept to classify possessions or property of the same holder as a single property and obligation of a single registration in the CAR may give rise to distortions in the application of legal benefits the events that occurred before July 22, 2008 “. The date coincides with the decree of then President Lula da Silva who set millionaire fines for illegal deforestation, most still without payment; Then immediately began ruralista pressure to relax the Forest Code and fines amnesty.
larger properties can even convert the fines, but need to recover the illegally deforested areas. Unless they can be fractionated. According to the Standards Coordinator IMASUL, Pedro Mendes, the law overrides the Normative and legal basis of the MS resolution is solid.
It also does not spare criticism of the MMA to be creating an analysis module in Sychar, as the validation of the CAR is the prerogative of the states: “The ministry should not be working in analysis module, if not raised the issue of creating rules for Pantanal areas. A third of our state is in the Pantanal. ” For Mendes, “the IN MMA is a racing invasion” and the CAR of Property should have been instituted by federal decree, as a ministry should not generate rules to the states.
Since July 2014 the MS has been conducting the state CAR through its own system – the Siriema . Still, sending the state data to the SICAR is required according to the Forest Code. And the SICAR, “one of the filters is to check the rural property concept adopted by federal standards,” says the director of the Brazilian Forest Service, Raimundo Deusdará.
By November, about 20 CARs had been made in Siriema. Therefore, most of the more than 680 CARs performed until the first half of January and were considered active (the other 725 were pending) may have to be redone when they enter the SiCAR.Se remain outstanding, banks should disqualify the properties for access to credit.
Prosecutor Marco Antonio Delfino de Almeida, the Federal Public Ministry of MS, believes the CAR for registration adopted in the state “is a clear mockery of law.” And regrets that the federal pact is “always used as a tool to ensure barbarities”.
The federal MP is not yet pronounced because it sees as the CARs made by Siriema in MS will have to be included in the SICAR, there is still this need: “N . Will given the parameters will not be accepted,” says Almeida explains that with adherence to the still low CAR, the federal MP expects to be sure that the SICAR will act fully and is implemented at national level, and then lean on state issues.
“The SICAR is relevant. Have to be running, be reliable, have clear rules blocking indigenous lands, public areas, etc. and we will see how is going to move to the federal level. In this case, with different laws, “said the prosecutor. But the legalization of the matter is not excluded, as the state MP will meet its promoters still in February to discuss the matter and decide how to act.
The lawyer Mauricio Guetta, the Socio-Environmental Institute (ISA), a founding member of the Code Observatory recalls that “it is extremely common in Brazil, the existence of distinct and continuous enrollment for registration in Registry of just a rural property, especially when it dealing with large estates. ” For him, the resolution has no legal backing and shame the Forest Code (Law No. 12,651 / 2012), the Land Statute, the ordinances that regulated the CAR and IN 2 of the MMA, yet contrary to the established case law of the Supreme Court (STF) and the understanding of INCRA, all strong in the sense that it must be considered as a single rural property that includes more than one registration, provided that the areas are continuous. “The interpretation adopted by Resolution No. 22/2014 SEMAC,
The Supreme created jurisprudence from Megurança warrant denied by the House, which accepted the opinion of the Minister Eros Grau, in 2006, against the break up of a farm in the process of expropriation for land reform, arguing that “you can not take every ideal of the condominium, recorded at the real estate registration in the abstract, as a separate property. “the same interpretation was used at least two other times in the STF.