Property Rights Implications for the Brazilian Forest Code

Abstract

The Brazilian Forest Code restricts landowners’ uses of the land. Changes in property rights are therefore the core element of the program. In this paper the new institutional literature on property rights is used to analyze the main difficulties involved in such a re-specification of rights. Four concepts from this literature are described and applied to better understand the issues that have hindered the program in the past and that affect the current version of the program initiated in 2012: (i) property rights as a ‘bundle of rights’, (ii) evolution of property rights, (iii) path dependence; and Ostrom’s 8 design principles. The paper argues that the key issue for the Forest Code is the level of uncertainty of the gap between the de jure and de facto specification of property rights.

Who owns the Brazilian carbon?

“…Using a geographically explicit land-use model, Sparovek, Barretto, Matsumoto, and Berndes (2015) demonstrated the need to assess the 2012 Forest Act in relation to other regulatory frameworks for public (Brasil, 1973(Brasil, , 2000 and private lands (Brasil, 2006), highlighting the importance of tenure regularization for the implementation of public protection mechanisms in the Amazon. These areas are often subject to conflicts over land possession, and high rates of illegal deforestation due to the lack of governance (Damasceno, 2016;Lapola et al, 2014;Mueller, 2016;Reydon, Fernandes, & Telles, 2015;Zarin et al, 2016). These areas are often subject to conflicts over land possession, and high rates of illegal deforestation due to the lack of governance (Damasceno, 2016;Lapola et al, 2014;Mueller, 2016;Reydon, Fernandes, & Telles, 2015;Zarin et al, 2016).…”

“…The tenure regularization of this territory is a crucial step for the enforcement of public protection mechanisms and the means for further reductions in emissions from deforestation in Brazil (Damasceno, 2016;Mueller, 2016;Zarin et al, 2016). The tenure regularization of this territory is a crucial step for the enforcement of public protection mechanisms and the means for further reductions in emissions from deforestation in Brazil (Damasceno, 2016;Mueller, 2016;Zarin et al, 2016).…”

“…A significant portion of Brazil consists of undesignated land, vast areas-primarily in the Amazon-with unclear land-use rights, where private ownership is not recognized and public conservation is not institutionalized (Damasceno, Chiavar, & Lopes, 2017). These areas are often subject to conflicts over land possession, and high rates of illegal deforestation due to the lack of governance (Damasceno, 2016;Lapola et al, 2014;Mueller, 2016;Reydon, Fernandes, & Telles, 2015;Zarin et al, 2016). The scientific community and civil society have been pushing for tenure regularization as a mean to stop deforestation (Damasceno, 2016;Lapola et al, 2014;MMA, 2017, Sparovek et al, 2015.…”

“…Despite the progress on designating undesignated land, this territory stores over 20% of the Brazilian AGC stock. The tenure regularization of this territory is a crucial step for the enforcement of public protection mechanisms and the means for further reductions in emissions from deforestation in Brazil (Damasceno, 2016;Mueller, 2016;Zarin et al, 2016).…”

O balanço de carbono em paisagens tropicais antropizadas

“…If we look at the forest carbon balance in any highly anthropized tropical landscapes -we make use of the São Paulo state in Brazil as a starting point herehuman development associated with the evolution and dynamicity of its legal framework (MUELLER, 2016;CPI, 2016CPI, , 2018 led to a great loss of natural vegetation cover. In São Paulo, this sustained habitat conversion resulted in the very little amount of remaining natural vegetation seen today .…”