Liability settlement after breach of Permanent Preservation Area laws for protection of native vegetation

Abstract

Forest management policy is not a new concept in Brazil; such laws have been in place since the beginning of the imperial period, including the Forest and Water Code of 1934 and the New Forest Code of 1965. Forest codes prohibit the clearing of vegetation in specific areas, such as steep slopes and river margins. This study evaluated implementation of the Environmental Adjustment Program in the Florianópolis region. We used as references standards from the program itself, as well as information derived from government agency and NGO databases. Three years after the effective date of Law 12.651, many of the stated requirements have not yet been implemented and the proposed deadlines are being ignored by the Union. Under the provisions of the law, farmers that have cleared land in excess will have to replant, which can potentially result in reforestation of about 30 million ha. However, difficulties enforcing the new law continue, creating an expectation of impunity for those planning involvement in future deforestation activities. This analysis concludes that without pressure from civil society, Federal Law 12.651/2012 may be revoked due to lack of compliance. The public should be better informed of the law, and of the extent to which environmental preservation can affect daily life.