Código Florestal brasileiro : construção e trajetória

Abstract

This research investigation aims to describe the trajectory of the federal law known as the Forest Code, since its inception in January 1934 through October 2012, when it has suffered the latest modifications. The specific objectives were: i) To collect and discuss the processes of construction of the standard, in its three versions; ii) summarize the inclusion of the forests topic in constitutional texts; iii) analyze the structure of the Forest Code in their versions, and major changes it promoted in the course of its career ; iv) to list and associate the relevant federal laws related to the theme of the Forest Code. We analyzed the structure and legislative changes of the three scrolls : the Code of 1934 , Decree 23793, the (new) Code 1965, Act no. 4771, their changes over 45 years of operation, the current Law on the Protection of Native Vegetation , Law no . 12651, 2012, also titled the new Forest Code. The main conclusions were: there is abundant literature, mainly legal, oak forests and the Forest Code, but knowledge about the construction and history of the rule was not yet systematized for academic consumption; among seven Brazilian constitutions, the first two have not addressed the issue of forests, and all others, from the 1934 welcomed them in, consolidating it in the current Constitution (1988);although many changes have been promoted in the texts of codes, a general framework is visible in all three versions of Law: areas of non-use, restricted use, subject to forest management and areas for total withdrawal; there is extensive legislation related to forest theme, maybe noted the National Environmental Policy Act , the National System for Water Resources Management, the National System of Units Conservation of Nature, the Public Forest Management Law and the Law of " Environmental Crimes".