Brasília, June 4, 2009

Your Excellency
Mr. Luiz Inácio Lula da Silva
President of the Republic

Mr. President,

Yesterday we lived a historical day for the country and a landmark for the Amazon, with the final approval by the Senate of Provisional Measure no.  458/09, regarding land tenure regularization in the region.  The objectives of establishing rights, promoting justice and social inclusion, increasing public governance and combating criminality - that I know were the law's motivation - have been distorted to reaffirm privileges and an execrable patrimonialist bias that doesn't miss the chance to assault the public good in a manner that is abusive and incompatible with the needs of the country and the interests of the majority of its population. 

Unfortunately, after years of efforts against this type of attitude, we now have a history gone backwards, in the name of the people but against the people and against the preservation of the forest and the commitment of Brazil to reduce persistent deforestation that dilapidates our national heritage and threatens efforts to contain global warming. 

The main problem with the Provisional Measure (MP) is the existence of gaps created to grant amnesty for those that committed crimes of appropriating large extensions of public lands, so they may now benefit from policies originally conceived to attend only well-meaning squatters, whose rights are secured by the Federal Constitution. 

Specialists that monitor land tenure questions in the Amazon categorically affirm that MP 458, as it was approved yesterday, constitutes a a serious regression, as pointed out by the Federal Prosecutor in the State of Pará, Felício Pontes: "MP 458 will legitimize land grabbing (grilagem) in the Amazon and undermine fifteen years of intense efforts by the Federal Prosecutor's Office (Ministério Público Federal) in Pará to confront illegal appropriation of public lands". 

This is a situation that will spread throughout all states of Amazônia.  In its wake will come more destruction of forests since, as we know, land grabbing (grilagem) has always been a first step towards environmental devastation. 

Therefore, Mr. President, it is in your hands to avoid an error of great proportions that would be incommensurate with the recovery of a social debt that has been promoted by your government, and with the respect due to so many companions that gave their lives for the forest and the people of the Amazon.  There are so many, Padre Josimo, Sister Dorothy, Chico Mendes, Wilson Pinheiro - for whom you were once prosecuted by the National Security Law (during the military dictatorship) - who watered the soil of the Amazon with their own blood, in the hope that, one day, in a popular and democratic government, we could separate the wheat from the chaff. 

In their memory, Mr. President, and in the name of a heritage of the Brazilian people and our dream of a more just and sustainable country, I make this appeal for you to veto the most harmful sections of MP 458, as described below. 

Permit me as well, Mr. President, with the same emphasis, to request special care in the definition of enabling regulations for the Provisional Measure.  It is fundamental that the foreseen committee for evaluation of the implementation of the process of land titling be characterized by independence and assurance of civil society participation, notably of segments that represent the environmental movement and the popular agrarian movement. 

Given the above considerations, Mr. President, I request that you veto sections II and IV of article 2, article 7 and article 13.  With respect and fraternity that has united us, cordially,

Senator Marina Silva