Restauração em Terras Públicas

The document evaluates four legal frameworks for public-private partnerships in forest restoration: forest concessions, common tenders, common public service concessions, and Public-Private Partnerships (PPPs). While forest concessions are the current standard due to the Law on Public Forest Management (LGFP), the report argues that their rigid risk distribution and land category restrictions may hinder large-scale restoration. It proposes that common tenders are suitable for planting in strictly protected Conservation Units, while PPPs offer the most flexibility in risk sharing and financial support, especially for security and monitoring in high-risk Amazonian regions. The report emphasizes the need to legally characterize restoration as a public service to enable these alternative models and stresses the necessity of socio-environmental safeguards for Traditional Peoples and Communities.

• Forest concessions are currently the only model used by the Brazilian Public Administration for restoring public lands with private participation, driven by the detailed guidelines of the Law on Public Forest Management (LGFP) and existing experience in forest management concessions.
• Forest concessions may limit large-scale restoration because they apply only to specific land categories and transfer most operational and financial risks to the private concessionaire, which can discourage investment in the complex Amazonian context.
• Common tenders (Licitações Comuns) under Law 14.133/2021 are identified as a viable alternative for restoration in strictly protected Conservation Units (UCs), such as national parks, where the government can contract private firms for planting while retaining long-term monitoring and conservation responsibilities.
• Public-Private Partnerships (PPPs) under Law 11.079/2004 are potentially more attractive for high-vulnerability regions of the Amazon because they allow for a more flexible division of risks and enable the government to assume part of the costs for security and surveillance.
• The use of common concessions and PPPs for restoration requires the legal characterization of forest restoration as a 'public service', a position supported by Article 225 of the Federal Constitution and the recent addition of Article 14-D to the ICMBio Law (Law 11.516/2007).
• Any restoration project on lands occupied by Traditional Peoples and Communities (PCT) must implement socio-environmental safeguards, including the right to Free, Prior, and Informed Consultation and a fair distribution of benefits.

APA

Lopes, C. L., Cozendey, G., & Chiavari, J. (2024). Restauração em Terras Públicas. Climate Policy Initiative. https://www.climatepolicyinitiative.org/wp-content/uploads/2024/12/Restauracao-em-Terras-Publicas.pdf

Chicago

Lopes, Cristina Leme, Gabriel Cozendey, and Joana Chiavari. Restauração em Terras Públicas. Climate Policy Initiative, 2024. https://www.climatepolicyinitiative.org/wp-content/uploads/2024/12/Restauracao-em-Terras-Publicas.pdf.

Wikipedia

{{cite report |last1=Lopes |first1=Cristina Leme |last2=Cozendey |first2=Gabriel |last3=Chiavari |first3=Joana |title=Restauração em Terras Públicas |publisher=Climate Policy Initiative |date=December 2024 |url=https://www.climatepolicyinitiative.org/wp-content/uploads/2024/12/Restauracao-em-Terras-Publicas.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{lopes2024restaurao, author = {Lopes, Cristina Leme and Cozendey, Gabriel and Chiavari, Joana}, title = {{Restauração em Terras Públicas}}, institution = {Climate Policy Initiative}, year = {2024}, month = dec, url = {https://www.climatepolicyinitiative.org/wp-content/uploads/2024/12/Restauracao-em-Terras-Publicas.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }