The use of fiscal module as a parameter in the Brazilian Protection of the Native Vegetation Act

Abstract

The Law No. 12.651, of May 25, 2012, which provides for the Protection of the Native Vegetation (PNVL), being closely connected with facts and consequences of a social, biological and productive nature, is an important instrument for environmental planning. Considering the parameters in the State of Sergipe, this work had as objective the analysis of the conception of the PNVL with respect to the use of the fiscal module to determine areas of replacement and maintenance from Permanent Preservation Riparian Areas in the rural properties. To achieve this objective, the current legislation as well as the documents used for discussions, elaborated for scientific organizations and related articles were reviewed. In the complex scope in which the formulation of the PNVL is immersed, some ideas, opinions and information are put in evidence in detriment of others. In particular, it has been widely divulged the idea that the formulation of the PNVL involves the conflicts between the expansion of Brazilian agriculture and the conservation and restoration of natural vegetation areas to compensate those areas that has already been deforested. However, there are operational criteria that make unfeasible their application and increase damage depending on the region. There are two difficult issues: the establishment of more acceptable limits taking into accounts the biodiversity and socio-economic activities not predominant in the Brazilian agricultural model, and the effectiveness of the Rural Environmental Registry proposed in the new code. The use of the fiscal module demonstrates that the PNVL is based on the economic dimension, especially on the agricultural sector. Furthermore, the participation of certain agents, organizations and groups that compose the government is characterizing a point extremely negative in regarding the use and biodiversity management as previewed by the PNVL.