Reserva legal e os desafios para a implementação do cadastro ambiental rural

Abstract

The present paper summarizes in legal research, doctrine and jurisprudence about the issue involving the Legal Forest Reserve and challenges to implement the Rural Environmental Registry (CAR), it has as parameter the precepts based on the Federal Constitution, the concepts of the new Forest Code and the rules that governing it. Therefore, this work is divided into four chapters dealing with the following subjects: the first subject bring up the reflection regarding the concept and legal nature of the legal reserve – it will be exposing the importance of its institution, applicability, the regularization mechanisms of environmental liabilities and also the possibility of using the permanent preservation area into legal reserve area. The second chapter brings up the definition of Rural Environmental Registry, the relevance of the legal reserve registration into the CAR and the polemic surrounding the need for legal reserve annotation in the property registration after the enactment of the new Forest Code. The third chapter will discuss the challenges to implement the Rural Environmental Registry, where will make a brief explanation regarding the procedure to be realized for land registration, the need for georeferencing of the area and, finally, the legal deadlines set for the obligation performance. In conclusion, this paper ends in the fourth chapter, where is summarized all points raised up in the previous chapters. Besides, the last chapter exposes the peculiarities, controversies, challenges and expectations around the issue.