NOVO CÓDIGO FLORESTAL
Summary
The 2012 Forest Code regulates the use and protection of native vegetation on private lands in Brazil, utilizing Permanent Preservation Areas (APP) and Legal Reserves (Reserva Legal) to balance agricultural productivity with environmental conservation. A central component is the Rural Environmental Registry (CAR), a mandatory electronic database for monitoring and planning. The law includes a special legal regime for 'consolidated areas'—lands illegally deforested before July 22, 2008—allowing these owners to regularize their status through the Environmental Regularization Program (PRA), which offers flexible restoration parameters and the possibility of compensating Legal Reserves in other locations. However, implementation faces challenges, including reliance on varying state-level regulations, legal uncertainties from pending lawsuits, and the need for individual landowner initiative and resources.
Key insights
- The new Forest Code relies on two primary instruments for protecting native vegetation on private land: Permanent Preservation Areas (APP), which protect sensitive areas like riverbanks and hilltops where economic exploitation is forbidden, and the Legal Reserve (Reserva Legal), which requires a percentage of the property to be maintained as native vegetation.
- The Rural Environmental Registry (CAR) is a mandatory national electronic public registry for all rural properties, serving as a tool for environmental planning, monitoring, and combating deforestation.
- A special legal regime exists for 'consolidated areas'—those where vegetation was illegally suppressed for agriculture, livestock, or forestry before July 22, 2008. Owners of these areas can access flexible rules by joining the Environmental Regularization Program (PRA), which can include suspended fines and reduced restoration parameters for APPs.
- Legal Reserve requirements vary by region and vegetation type, ranging from 20% to 80%. Properties within the 'Amazônia Legal' generally must conserve a higher percentage of vegetation than those outside this region.
- Owners of medium or large properties in the special regime for consolidated areas may compensate for their Legal Reserve by purchasing credits from others or using other mechanisms, rather than restoring the land on their own property.
- Implementation of the Forest Code is decentralized to the states, creating a risk of delays and inconsistency. As of October 2015, only 15 of 26 Brazilian states had specific legislation for the Environmental Regularization Program (PRA).
- The law faces legal instability due to four pending direct actions of unconstitutionality and divergent applications by state courts.
Cite the original document
- APA
- Chiavari, J., & Lopes, C. L. (2015). NOVO CÓDIGO FLORESTAL. Climate Policy Initiative. https://www.climatepolicyinitiative.org/wp-content/uploads/2021/01/CODIGOFLORESTAL_resumoParteI_CPI-1-1.pdf
- Chicago
- Chiavari, Joana, and Cristina Leme Lopes. NOVO CÓDIGO FLORESTAL. Climate Policy Initiative, 2015. https://www.climatepolicyinitiative.org/wp-content/uploads/2021/01/CODIGOFLORESTAL_resumoParteI_CPI-1-1.pdf.
- Wikipedia
- {{cite report |last1=Chiavari |first1=Joana |last2=Lopes |first2=Cristina Leme |title=NOVO CÓDIGO FLORESTAL |publisher=Climate Policy Initiative |date=November 2015 |url=https://www.climatepolicyinitiative.org/wp-content/uploads/2021/01/CODIGOFLORESTAL_resumoParteI_CPI-1-1.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}
- BibTeX
- @techreport{chiavari2015novo, author = {Chiavari, Joana and Lopes, Cristina Leme}, title = {{NOVO CÓDIGO FLORESTAL}}, institution = {Climate Policy Initiative}, year = {2015}, month = nov, url = {https://www.climatepolicyinitiative.org/wp-content/uploads/2021/01/CODIGOFLORESTAL_resumoParteI_CPI-1-1.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }
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