Instrução Normativa IBAMA nº 13/2013: uma análise crítica sobre a efetividade de seus procedimentos na preservação e mitigação da perda de diversidade biológica.

Abstract

The increasing number of large infrastructure projects planned for Brazil from the launch of the Growth Acceleration Program (Programa de Aceleração do Crescimento – PAC, in Portuguese) in 2007, caused concern about environmental regulations to become mandatory due to the absence of norm in the current legislation. In July 2013, the Brazilian Institute of Environment and Renewable Natural Resources (Instituto Brasileiro do Meio Ambiente e dos Recursos Naturais Renováveis - IBAMA, in Portuguese), within the process of improvement of its policies aimed at an environmental licensing process, published Normative Instruction No. 13. The creation of rules for standardization of procedures is certainly a decisive factor in environmental policy because, although the construction or expansion of highways, as well as all linear infrastructure, are necessary initiatives to the development of society, they certainly bring great changes in ecological processes. Roads are the source of several environmental impacts and at different levels. On the biota, there are the population fragmentation, barrier effect, geographical barriers, isolation of populations and the increase in wildlife roadkill. And on the physical environment, there is fire, changes in waterways, noise pollution, air and water pollution, soil compression process, the entrainment of chemical products (nutrients, corrosive salts, heavy metals, pesticides) for roads sidebands and farther. The objective of this work is to perform a critical analysis of Normative Instruction No. 13/2013-IBAMA to identify whether the standardization of procedures adopted during the licensing process for implementation or expansion of linear enterprises produces adequate responses for the proposition of mitigating actions. For this, was performed an analysis of the fauna sampling plan model defined in the NI No. 13/2013, the confrontation of its sampling mechanisms with what exists in the literature focused on the subject, assessing the responsiveness capacity of the NI to what it proposes. When establishing rules, in which takes into account the contribution of agencies directly linked to its object, we have a legal instrument that still has flawed rules. And despite an alleged evolution, it still produces information that doesn’t guide the formulation of mitigating actions to the impacts originated from linear structures simply by not being able to assess impacts. What is presented in the legal document is only and only the requirement for an extensive diagnosis, a list of instructions for the purpose of obtaining numerical surveys on the fauna, without a guideline of faithful evaluation of the potential environmental impacts that it will prevent and to mitigate the impacts that will certainly affect biodiversity from the deployment of highways.