Panorama atual da Lei de Proteção da Vegetação Nativa sob a óptica da regularização entre pequenos e médios produtores rurais

Abstract

Given the relevance of environmental issues in both national and international contexts - particularly regarding demands for ecological restoration – we think that is pertinent to examine Brazilian environmental legislation through the lens of the 2012’s “Native Vegetation Protection Law” (NVPL). In this sense, we aimed to do a review, offering a historical background and challenges associated with the implementation of the NVPL and its instruments - the “Environmental Regularization Program” (ERP) and the “Rural Environmental Registry” (RER) - focusing on their applicability to small and medium-sized rural properties. We searched several sources: legal documents, technical reports, and scientific articles. Our analysis revealed that, although the NVPL have introduced significant advancements through tools such as ERP and RER, it also led to regulatory flexibility in several areas, raising concerns regarding its effectiveness in ensuring actual environmental protection. Further observation highlighted the obstacles faced by small-scale rural producers in adhering to ERP and RER, such as lack of technical assistance, bureaucratic complexity, and absence of targeted public policies. Despite small properties accounting for most RER registrations, they also constitute a significant proportion of unresolved environmental liabilities. In relation to São Paulo's ERP, technological advances have been noted - such as the use of geoprocessing and the publication of technical manuals - yet limitations remain in the effectiveness of practical restoration efforts. The program's emphasis on streamlining administrative processes and facilitating agricultural activities may, to some extent, hinder the ecological recovery of degraded areas. We concluded that, while the instruments established under the LPVN are theoretically robust, their operationalization faces considerable challenges, particularly among segments of the population lacking institutional support. Overall, the ERP demonstrates potential, yet requires greater alignment between environmental and production goals, as well as concrete actions to strengthen the technical and financial capacities of small and medium producers. We recommend further studies of ERP in other regions, along with the development of more inclusive, participatory, and effective public policies and restoration initiatives.