Extemporaneous environmental legislation: an analysis of the conflicts underlying Law 3824/1960 on coarse wood removal in Brazilian artificial reservoirs

Abstract

This article discusses the purpose and effects of Law 3824/1960, which makes mandatory the removal of vegetation and consequent cleaning of land sites subject to flooding by the construction of artificial reservoirs. The importance of this reflection is to avoid having a law that is considered effective, though if questioned, may prove contrary to the objectives for which it was created. Thus, this article aims to awaken decision makers to the possibility that this law is considered inapplicable to the current reality, according to the social, scientific, legal and environmental advances achieved in recent years. As a specific objective, based on the findings obtained, we aim to stimulate authorities to act in favor of the elaboration of a law that will meet these advances.

Editorial: Freshwater sustainability and aquatic ecology in a fast-changing world

“…Prior to impoundment, Brazilian law requires the removal of terrestrial vegetation within the flooded area of reservoirs. However, Tonella et al (2020) argue that the law mandating removal of vegetation, enacted in the 1960s, is outdated and often misinterpreted, since the flooded trunks promote positive feedback to fish production. The authors call for a revision of the legislation in order to incorporate important scientific advancements in fish ecology and fisheries science over the last few decades.…”