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Approved in the Senate, Bill 542 of 2022 Redefines Safety Procedures for Authorizing Pruning and Cutting of Trees After 45 Days Without Environmental Response, Requiring Technical Report and Adjusting Deadlines Applied in Public and Private Areas
The Senate approved the change to Law 9,605 of 1998 that allows pruning and cutting of trees after 45 days without official response, with mandatory technical report and direct impact on at-risk public and private areas.
The approval of Bill 542 of 2022 by the Senate establishes that pruning or cutting of a tree does not constitute a crime when there is a risk of accident and absence of response from the environmental authority within 45 days, as defined in the text sent for presidential sanction.
The rule requires evaluation by a qualified professional, who may also perform the service.
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Deputy Vinicius Carvalho stated that the recurring delay of the public authority in analyzing pruning requests puts the physical integrity and property of people at risk. He emphasized that the lack of timely decision increases vulnerabilities in public and private places subject to falls.
Opinion in the CCJ
Senator Sergio Moro presented a favorable opinion in the CCJ on November 26, arguing that the danger caused by the lack of pruning justifies the exclusion of unlawfulness provided for in current legislation. According to him, the project balances rights and ensures a reasonable timeframe for the authority’s response environmental.
Statements in Plenary
Moro stated in Plenary that the measure reduces bureaucracies that hinder preventive actions, allowing citizens to act without fear of criminal prosecution in risk situations. He mentioned that the change could help many people with routine demands related to safety.
The proposal now goes for presidential sanction, concluding the legislative journey that discussed deadlines, risks, and technical responsibilities. The approved text also allows the contracted professional to directly carry out the pruning, according to the established legal requirements.
With information from SenadoNotícias.
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