SEMA/DF NÃO APOIA APROVAÇÃO DO RELATÓRIO do Dep MAURO PEREIRA (PMDB/RS) do PL GERAL DE LICENCIAMENTO AMBIENTAL 3729-2004

Diante da manifestação pública da Associação Brasileira de Entidades Estaduais de Meio Ambiente – ABEMA entregue ontem a parlamentares e negociadores políticos de apoio à aprovação do substitutivo apresentado pelo deputado Mauro Pereira (PMDB/RS) ao PL 3729/2004, que estabelece um novo marco legal para o licenciamento ambiental em todo o país e que vai a votação na próxima semana na Comissão de Finanças e Tributação - CFT da Câmara dos Deputados, a Secretaria de Estado de Meio Ambiente do Distrito Federal – SEMA/DF, entidade filiada à ABEMA, vem esclarecer o que segue:

1. Embora a ABEMA, de forma pioneira e republicana, venha há anos discutindo e propondo melhorias às regras gerais de licenciamento ambiental no país, de forma a desburocratizar e aumentar a eficiência desse importante instrumento de controle ambiental, em nenhum momento foi discutido pelo conjunto de associados o apoio na íntegra ao relatório do deputado Mauro Pereira, de forma que a carta encaminhada pela diretoria da associação causou surpresa e irresignação à SEMA/DF.
2. Pelo contrário, durante todas as ocasiões nas quais os associados debateram coletivamente o tema, a orientação sempre foi a de defendermos os pontos que são importantes ao conjunto dos associados – autonomia federativa, diminuição de critérios subjetivos, racionalização e uniformização dos ritos de licenciamento, dentre outros constantes do documento “Novas Propostas para o Licenciamento Ambiental no Brasil” – sem que, no entanto, isso significasse o apoio irrestrito à proposta A ou B sobre o tema. Importante destacar que sempre trabalhamos nos debates sobre os textos base propostos pelo Ministério de Meio Ambiente.
3. No caso concreto, ainda que o relatório do deputado Mauro Pereira incorpore alguns dos pontos julgados importantes pela ABEMA, ele traz pontos que fragilizam aspectos importantes da legislação ambiental brasileira e sobre os quais não houve qualquer discussão pelo conjunto de organizações filiadas à ABEMA, e portanto, tampouco consenso ou maioria. Dentre eles destacamos:
a) Dispensa de licenciamento ambiental, em qualquer circunstância, para asfaltamento de rodovias, instalação de obras de saneamento ambiental (estações de tratamento de esgoto e de captação de água) e instalação de atividades agropecuárias (abertura de novas fazendas sobre áreas de vegetação nativa) (art.7); Ao contrário a Abema sempre foi contrária a listas de dispensa de licenciamento entendendo ser necessário um debate nos conselhos estaduais de meio ambiente sobre o que poderia eventualmente ser dispensado de licenciamento;
b) o fim da responsabilidade da cadeia produtiva pelos danos ambientais causados pelos fornecedores, o que pode acabar com iniciativas como o Carne Legal, Moratória da Soja e outros tantos que vêm contribuindo para a legalização de diversas cadeias produtivas pelo país afora e contribuindo para conter o desmatamento ilegal (art.44), medida que vinha sendo importnte para redução dos desmatamentos ilegais na Amazônia;
c) o fim da responsabilidade subsidiária dos financiadores pelos danos ambientais dos empreendimentos por eles financiados (art.43), algo consagrado em nossa legislação desde a edição de Lei da Política Nacional de Meio Ambiente (1981) e em diversos países, e que vem sendo assimilado pelos bancos sem grandes questionamentos;
d) a dispensa de consulta prévia aos povos indígenas e quilombolas quando um empreendimento vier a ser instalado em suas terras ou vier a afeta-las grave e diretamente, bastando uma manifestação formal da FUNAI ou Fundação Palmares em no máximo 30 dias (art.);
e) a possibilidade de transferência a terceiros de responsabilidade pelas medidas de mitigação e compensação de impacto ambiental, de forma que o empreendedor possa obter a licença, implantar o empreendimento e depois, na prática, se desvencilhar delas (art.40), eliminando um fundamento essencial do direito ambiental que é a responsabilidade objetiva pelo dano ambiental prevista desde pelo menos 1981;
f) a diminuição da transparência, da participação pública e controle social sobre o processo de licenciamento, ao descartar as diversas outras formas de interação com a sociedade (além da audiência pública) já praticadas por diversos órgãos ambientais estaduais e outros órgãos setoriais, como ANATEL, ANEEL etc. (art.27);

Diante de tudo isso, a SEMA/DF vem a público se manifestar contra a aprovação do substitutivo do deputado Mauro Pereira ao PL 3729/2004, mesmo tendo ele incorporado alguns pontos defendidos pela ABEMA, pois retrocede em questões fundamentais para o desenvolvimento sustentável do país, o que em pleno mometno de crise economica, climática e hídrica não deve ser tolerado. Nesse sentido, a SEMA/DF esclarece que a carta encaminhada pela diretoria da ABEMA de apoio integral e irrestrito a esse substitutivo NÃO REFLETE OS DEBATES PRESENCIAIS OCORRIDOS AO LONGO DOS ULTIMOS DOIS ANOS NA ENTIDADE, muito menos um consenso dentro da entidade que existe para garantir não somente interesses corporativos ou eventuais de uma gestão, mas sobretudo garantir o fortalecimetno do Sistema Nacional de Meio Ambiente e o desenvolvimetno sustentável nos estados (no Distrito Federal) e no Brasil.

Brasília, 4 de maio de 2017.

André Lima
Secretário de Estado do Meio Ambiente
Distrito Federal

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