Desenvolvimento e Meio Ambiente (Dec 2017)
The Impact of the Brazilian Forest Law on the Institution of Legal Reserves in the Territory of São Paulo: A Study Based on the Public Data of the Rural Environmental Cadaster System
Abstract
The revision of Brazilian forest legislation, occurred in 2012, brought the risk of reduction of protected areas in rural properties. This reduction is part of the transitional provisions of the law, which establishes a link between land tenure and forest protection. In this context, we observed the flexibility of the Legal Reserve institution for small farms, provided in the Article 67 of Law 12.651/2012. The present study evaluated the potential of reduction of Legal Reserves for small properties in the state of São Paulo, based on the transitional provisions of the forest law, whose application is related to land tenure. Data from Rural Environmental Registry System, organized according to the Administrative Regions (RAs) of the state, were analyzed. The treatment of the data allowed the analysis of sensitive indicators to the land characterization of RAs and the state, and to the application of Article 67 of the law, which could result in a potential loss of 996 thousand hectares of Legal Reserve in small properties in São Paulo. Compulsory Legal Reserve to be established in medium and large properties amounts to 3.5 million hectares. The regions of São José do Rio Preto, Campinas, Sorocaba and Presidente Prudente were the most impacted by the potential reduction of Legal Reserves. There was an inverse correlation between land concentration and potential impact of Article 67, and a direct correlation between registered area and Legal Reserve in medium and large properties. It was concluded that the potential impact of Article 67 on the territory of São Paulo is of little relevance to the amount of Legal Reserve to be established in medium and large properties. More detailed studies, involving the data spatialization, may be carried out in the most affected RAs, in order to reveal specific situations of greater environmental damage resulting from the application of the legal device.
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