Regularização ambiental: análise sobre o arcabouço técnico-jurídico do SICAR

Abstract

Federal Law No. 12.651/2012, known as the current Forest Code, is the main Brazilian legal framework that sets limits on land use and the suppression of native vegetation within private properties. The legislation has been widely criticized for making the protection of native vegetation more flexible, but it has been recognized for bringing in programs and tools that better articulate environmental regularization procedures through the specialized technical tool known as the Rural Environmental Registration System (SICAR). The implementation of this tool has raised expectations that it will be possible to enforce national legislation and commitments to reduce deforestation made in international agreements. However, as the latest Rural Environmental Registry bulletin points out, only 50% of landowners or owners have informed us of their desire to join the Environmental Regularization Program. Although the PRA is in a phase of improvement and evolution, it is clear from the CAR data that half of the Brazilian population has some apprehension about participating in the program. Against this backdrop, the aim, based on extensive bibliographical and documentary research, is to examine the technical-legal aspects of the Forest Code related to areas that require regularization and to investigate how these elements (and possible implementation gaps) may be contributing to hindering adherence to the PRA and the application of environmental regularization. The gaps identified in the research hinder the full implementation of the legislation and slow down the environmental regularization process, impacting the achievement of the environmental goals of the Rural Environmental Registry System. The improvement of SICAR and the clarification of gaps is undeniable, as the development of the system provides a precise understanding of outstanding legislative issues and, consequently, better compliance with legal requirements.