Historical overview patterns of natural vegetation cover in the State of São Paulo as support in the regularization of the compensation mechanisms in Legal Reserve established by the law nº 12.651/2012

• Grant number: 17/07942-2
• Support Opportunities: Scholarships in Brazil - Doctorate (Direct)
• Effective date (Start): May 01, 2017
• Effective date (End): August 31, 2020
• Field of knowledge: Interdisciplinary Subjects
• Principal Investigator: Gerd Sparovek
• Grantee: Paulo André Tavares
• Host Institution: Escola Superior de Agricultura Luiz de Queiroz (ESALQ). Universidade de São Paulo (USP). Piracicaba , SP, Brazil
• Associated research grant: 16/17680-2 - Priority areas for Legal Reserve offsetting: research for the development of a decision making tool to enhance transparency in the implementation process of the environmental adjustment program (Programa de Regularização Ambiental - PRA) in São Paulo, AP.BTA.TEM

Abstract

Compensation is one of the forms of liability compliance provided for in Brazilian law as a mechanism for counterbalancing environmental impacts, which allows owners of rural properties not to comply with their Legal Reserve (LR) goals on their property, to compensate in rural Properties of third parties with surpluses of native vegetation, via Environmental Reserve Quotas (ERQ). Failure to comply with the liabilities entails the owner's punishment with administrative sanctions. However, Federal Law 12.651/2012, provides in article 68 that the owners and rural owners who carried out the suppression before July 22, 2008, are required to comply with the liability in accordance with the legislation in force at the time, without there being any administrative penalties. The complexity of the interpretation of the article, due to the different definitions on biomes contained in the previous laws, added to the difficulty of historical proof of suppression in relation to the framework established by law, can slow down the processes of analysis of vegetation cover deficit and, consequently, the signature of a term of commitment on the part of the owner in order to comply with the Environmental Regulation Program (ERP), thus increasing transaction costs in law enforcement and generating insecurity regarding the validity of the necessary documents. The objective of this project is to analyze the interpretation of the rules for demarcation of areas conserved in rural properties in the legislation before to Federal Law 12.651/2012, to generate maps of the natura vegetation cover in previous dates based on this interpretation, as well as maps of deficit and surplus of natural vegetation for LR compensation, providing public power with tools for the effective implementation of ERP in the State of São Paulo. (AU)

Scientific publications

(References retrieved automatically from Web of Science and SciELO through information on FAPESP grants and their corresponding numbers as mentioned in the publications by the authors)

DE MELLO, KALINE; BRITES, ALICE; BORGES-MATOS, CLARICE; TAVARES, PAULO ANDRE; METZGER, JEAN PAUL; RODRIGUES, RICARDO RIBEIRO; DOS SANTOS, ZENILDA LEDO; JOLY, CARLOS ALFREDO; SPAROVEK, GERD. Science and environmental policy establishment: the case of the Forest Act in the State of Sao Paulo, Brazil. Biota Neotropica, v. 22, p. 8-pg., 2022-01-01. (16/17680-2, 17/04812-0, 17/02755-0, 17/24028-2, 17/07942-2, 18/25147-8)

TAVARES, PAULO ANDRE; BRITES, ALICE DANTAS; SPAROVEK, GERD; GUIDOTTI, VINICIUS; CERIGNONI, FELIPE; AGUIAR, DANIEL; METZGER, JEAN PAUL; RODRIGUES, RICARDO RIBEIRO; GUEDES PINTO, LUIS FERNANDO; DE MELLO, KALINE; et al. Unfolding additional massive cutback effects of the Native Vegetation Protection Law on Legal Reserves, Brazil. Biota Neotropica, v. 19, n. 4, 2019. (16/17680-2, 13/50718-5, 17/07942-2, 17/02755-0)

TAVARES, PAULO ANDRE; BRITES, ALICE; GUIDOTTI, VINICIUS; MOLIN, PAULO GUILHERME; DE MELLO, KALINE; SANTOS, ZENILDA LEDO DOS; PINTO, LUIS FERNANDO GUEDES; METZGER, JEAN PAUL; RODRIGUES, RICARDO RIBEIRO; JOLY, CARLOS ALFREDO; et al. Testing temporal benchmarks effects on the implementation of the new Brazilian Forest Act. ENVIRONMENTAL SCIENCE & POLICY, v. 126, p. 213-222, DEC 2021. (13/07375-0, 13/50718-5, 17/04812-0, 17/02755-0, 16/17680-2, 18/25147-8, 17/24028-2, 17/07942-2)

Academic Publications

(References retrieved automatically from State of São Paulo Research Institutions)

TAVARES, Paulo André. Spatial and temporal analysis of native vegetation coverage for compliance with the New Forest Act. 2021. Doctoral Thesis - Universidade de São Paulo (USP). Escola Superior de Agricultura Luiz de Queiroz (ESALA/BC) Piracicaba.