Gap in the Forest Code may affect recovery of reservesMonday March 5th, 2018
Approved last week by the Legislative Assembly of São Paulo, the law 219/14, created to regulate the Forest Code in the state, it has generated discussions among environmentalists concerning the interpretation of Article 68 of the Forest Code. The Article provides that producers, rural homeowners of the Brazilian Amazon, are not required to restore the legal reserve of its property, provided that the percentage of suppression of native vegetation were within what was allowed at the time of approval of the new Code. In the case of the law passed in São Paulo, the article is being used for exempt property of the São Paulo Cerrado reforestation. According to the legislators, as the Cerrado single word has become part of the Brazilian legislation in 1989, long after the beginning of its occupation,
Legislators from around the country have used the article to increase the number of farms insentas of recovery, which for environmentalists helps to reduce the number of regularized hectares and favors agricultural commodities. According to Mauricio Guetta, lawyer Socio-Environmental Institute (ISA), one of the Center’s founding members of the Forest Code, the use of Article 68 thus forces a misinterpretation, which could consolidate a situation that federal law does not allow.