BRAZIL’S NEW FOREST CODE PART II: PATHS AND CHALLENGES TO COMPLIANCE

This policy brief by the Climate Policy Initiative describes the compliance process for rural landholders under Brazil's 2012 Forest Code. It details the steps for registering properties in the Rural Environmental Registry (CAR), the distinctions between large and small properties, and the special regime for areas deforested before July 22, 2008. The document highlights significant implementation barriers, including a lack of state-level legislation for the Environmental Regularization Program (PRA), legal uncertainties, and the technical and financial burdens placed on individual landowners.

• The 2012 Forest Code establishes a regulatory framework for private land conservation using Permanent Preservation Areas (APP) and Legal Forest Reserve regulations. A 'special regime' provides more lenient restoration requirements for 'Consolidated Rural Areas'—lands where native vegetation was illegally cleared for agriculture or livestock before July 22, 2008.
• The first mandatory step for all rural landholders is registration in the Rural Environmental Registry (CAR) by May 5, 2016. This requires a georeferenced map identifying perimeters, native vegetation remnants, APP, Legal Forest Reserves, Restricted Use Areas, Consolidated Rural Areas, and public servitudes.
• Landholders who deforested before July 22, 2008, can access benefits—such as immunity from prosecution and forgiveness of environmental fines—by enrolling in the Environmental Regularization Program (PRA) and signing a Commitment Agreement. This process requires submitting a Forest Recovery Plan (PRADA).
• Small properties (up to four fiscal modules) receive significantly more lenient requirements than large properties. For the Legal Forest Reserve, small properties are exempt from restoring deficits; their requirement is based on native vegetation existing prior to July 2008, which may result in a requirement of zero. For APP, restoration limits are based on property size (10% for properties up to two fiscal modules; 20% for those between two and four) rather than the size of the water body.
• The Environmental Reserve Quota (CRA) allows landholders with surplus native vegetation to trade credits with those who have Legal Forest Reserve deficits. However, the CRA market is hindered by a lack of federal regulation and contradictory state-level rules.
• Significant implementation challenges exist, including the fact that most states have not yet enacted the necessary PRA legislation, preventing landholders from accessing special regime benefits. Additionally, landholders must bear the costs of technical experts and restoration themselves, and pending legal actions regarding the code's constitutionality create further uncertainty.

APA

Chiavari, J., & Lopes, C. L. (n.d.). BRAZIL’S NEW FOREST CODE PART II: PATHS AND CHALLENGES TO COMPLIANCE. Climate Policy Initiative. https://www.climatepolicyinitiative.org/wp-content/uploads/2015/11/Policy-Brief-Part-II-Paths-and-Challenges-to-Compliance.pdf

Chicago

Chiavari, Joana, and Cristina Leme Lopes. BRAZIL’S NEW FOREST CODE PART II: PATHS AND CHALLENGES TO COMPLIANCE. Climate Policy Initiative, n.d. https://www.climatepolicyinitiative.org/wp-content/uploads/2015/11/Policy-Brief-Part-II-Paths-and-Challenges-to-Compliance.pdf.

Wikipedia

{{cite report |last1=Chiavari |first1=Joana |last2=Lopes |first2=Cristina Leme |title=BRAZIL’S NEW FOREST CODE PART II: PATHS AND CHALLENGES TO COMPLIANCE |publisher=Climate Policy Initiative |url=https://www.climatepolicyinitiative.org/wp-content/uploads/2015/11/Policy-Brief-Part-II-Paths-and-Challenges-to-Compliance.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{chiavarindbrazils, author = {Chiavari, Joana and Lopes, Cristina Leme}, title = {{BRAZIL’S NEW FOREST CODE PART II: PATHS AND CHALLENGES TO COMPLIANCE}}, institution = {Climate Policy Initiative}, url = {https://www.climatepolicyinitiative.org/wp-content/uploads/2015/11/Policy-Brief-Part-II-Paths-and-Challenges-to-Compliance.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }