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The signatories to this open letter, in exercising the functions of Ministers of State or of Special
Secretary of the Environment, had the opportunity and responsibility to promote, within the Federal
Government, and for the sake of future generations, targeted measures for the protection of Brazil's
environmental heritage, and especially its forests. Despite limited human and financial resources,
significant results were obtained thanks to the decisive support provided by society, by each president
of the Republic following the last in leading the country, and by the National Congress. To mention a few
examples: the National Environmental Policy (1981), Article 225 of the Constitution of 1988, the Water
Resources Management Law (1997), Crimes and Offences against the Environment Act (1998), the
National System of Protected Areas (2000), the Environmental Information Act (2003), the Public Forest
Management Act (2006), the Atlantic Forest Act (2006), the Climate Change Act (2009) and the Solid
Waste Management Act (2010).
Before the world awakened to the importance of forests, Brazil was a pioneer in establishing, by law, the
need for its conservation, later reaffirmed in the text of the Constitution and subsequent regulations.
These measures have ensured the protection and the sustainable use of Brazil’s natural resources,
beginning with the 1965 Forest Code. The Code, an inspirational landmark for this reason, has since
represented the most important institutional means by which to protect the forests and other forms of
native Brazilian vegetation, their associated biodiversity, the water resources that protect them, and the
environmental services they perform.
The process of building this legal machinery was transparent, and included the decisive participation of
the public at each step of the way. In this sense, it is important to emphasize that CONAMA (the
National Environmental Council) already represented an exception forum for participatory decision‐
making, anticipating tendencies that would come to characterize public administration in Brazil, and
later in other countries. Thanks to this track record of environmental responsibility, Brazil earned the
legitimacy to make itself one of the most distinguished participants in international environmental
forums, in addition to possessing, today, resources key to its competitive position in the 21st century.
To honor and extend this track record of progress, it is now up to political leaders of this nation take the
next step. In order for Forest Code to fulfill its function of protecting natural resources, a new
generation of public policies is urgently needed. Agricultural policy can benefit from the services offered
by forests and achieve even more advanced levels of quality, productivity and competitiveness.
This process, however, should take place with accountability, transparency, and the meaningful
participation of all sectors of society in order to consolidate the gains achieved. Brazilians are justly
proud of the many successes and years of work, and therefore such progress should not be exposed to
the risk of any abrupt changes, without the necessary preliminary assessment and appropriate
discussion. Moreover, we do think it prudent or timely to strip CONAMA of any of its regulatory powers
given that the country is governed by the principle of participatory democracy enshrined in our
Constitution.
We do not see, therefore, in the proposed changes to the Forest Code adopted by the Special
Committee of the House of Representatives in June 2010, nor in the versions later circulated,
consistency with our historical direction, which is marked by advances in the quest for the consolidation
of sustainable development. To the contrary, if either of these versions is passed, we will be going
against our own history, to the detriment of our natural resources.
Nor can we ignore the alert the Brazilian scientific community has recently sent the nation, along with
the repeated testimony of businesspeople, representatives of family farms, of the youth, and of so many
sectors of society. Anticipation of the weakening of the Forest Code was sufficient to revive concerns
over resumed deforestation in Amazonia, as data recently released by the INPE unequivocally show.
We can not, either, ignore the call that the Brazilian scientific community has recently directed the
nation, as well as the successive manifestations of entrepreneurs, representatives of family farmers,
youth and many other segments of society. Expectations were enough to weaken the Forest Code to
revive worrying trends of recovery in Amazon deforestation, as shown unequivocally to data recently
released by INPE.
We believe, Madam President and members of Congress, that history has given to our age, and above all
to who occupy the most important leadership positions in our country, the duty not only to preserve
this precious legacy of environmental protection, but most important, the opportunity to lead a great
collective effort so that Brazil may continue on its path, as a nation that develops itself with social justice
and environmental sustainability.
The global effort to address the climate crisis needs Brazil’s active engagement. The decision to adopt
targets for reducing emissions of greenhouse gases, announced in Copenhagen, was a daring and
paradigmatic challenge which Brazil accepted. Next year, we will host the UN Conference on Sustainable
Development, the Rio +20, and Brazil could continue leading by example and inspiring other countries to
move forward with urgency and responsibility that reality imposes on us.
It is because we understand our role in the struggle for a better world for everyone, and because we
carry this historic responsibility, that we feel obliged today to address our plea to Your Excellence and to
the National Congress that measures be taken. Together with a National Forest Policy, the Code must be
updated to make possible the necessary efforts to restore and use the forests, in addition to conserving
them. We must support restoration, not get rid of it. The Code can and must create an incentive
structure for this end. CONAMA itself could provide the opportunity for such topics to be incorporated
with the due participation of the states, of civil society, and of the business world. For our part, we put
ourselves at your disposal to collaborate in this process, and we are confident any regression in this long
and challenging journey will be avoided.
Brasília, May 23, 2011
Carlos Minc (2008‐2010)
Marina Silva (2003‐2008)
José Carlos Carvalho (2002‐2003)
José Sarney Filho (1999‐2002)
Gustavo Krause (1995‐1999)
Henrique Brandão Cavalcanti (1994‐1995)
Rubens Ricupero (1993‐1994)
Fernando Coutinho Jorge (1992‐1993)
José Goldemberg (1992)
Paulo Nogueira Neto (1973‐1985)