A reserva legal no âmbito do cadastro ambiental rural: breve análise do sistema de regularização ambiental do imóvel rural

Abstract

The Legal Reserve in the context of the Rural Environmental Registry: brief analysis of the environmental regularization system of rural property. The New Forest Law (Law nº. 12,651/2012), also known as “New Forest Code”, brought, in its Article 68, the possibility of owners of rural properties, who made the suppression of native vegetation according to the percentage of the Legal Reserve (RL) provided by the legislation of the time when suppression occurred, to be dispensed from promoting recovery. The consolidated load of RL can be proved by all evidences admitted. By describing the main legislative changes over time from a review of the legal framework, this paper aimed to characterize the respective environmental implications in the theoretical application of the Article 68 of the New Forest Law. In this study, we observed that the LR is a tool created by the 1st Forest Code from 1934, which passed through constant changes in order to make it more effective on the protection of the environment. The type of use was also restricted. We understand that such legislations were also important for fixing legal lapses, since the 2nd Forest Code from 1965 enabled dubious interpretations, which were fixed later. We conclude that the art. 68 establishes an acquired right; however, it enables those who promoted shallow cuts legally to continue this activity, which is considered an illegal act today. On one hand, this flexibility brought losses for the conservation of RL areas, on the other hand, it allowed occupation by familiar farmers.