Lei 12651 – Código Florestal – Art. 1 a 3

Lei 12651 – Código Florestal – Art. 1 a 3


Law No. 12,651, of May 25, 2012. Veto message (See ADIN 4937) (See ADIN 4901) Provides for the protection of vegetation
native; amending Laws No. 6,938 of 31 August 1981, 9,393, of December 19,
1996, and 11,428, of December 22, 2006; repeals Laws 4,771 of September 15
1965, and 7,754, of April 14, 1989, and Provisional Measure No. 2,166-67, of 24
August 2001; and makes other arrangements. THE PRESIDENT OF THE REPUBLIC
the National Congress decrees and I sanction the following law: CHAPTER I GENERAL PROVISIONS Art. 1 (Vetoed). Art. 1a. This law establishes general rules
on vegetation protection, areas Preservation Areas and areas of
Legal reserve; forest exploitation, forest raw material supply, the
control of the origin of forest products and fire control and prevention
and provides for economic instruments and financial resources to achieve their goals.
(Included by Law No. 12,727 of 2012). Single paragraph. Aiming the development
sustainable, this Law will meet the following principles: (Included by Law No. 12,727,
of 2012). I – affirmation of the sovereign commitment of
Brazil with the preservation of its forests and other forms of native vegetation as well
such as biodiversity, soil, resources and the integrity of the climate system,
for the welfare of present generations and future; (Included by Law No. 12,727,
of 2012). II – reaffirmation of the importance of the function
agricultural and livestock activity role of forests and other forms of
native vegetation in sustainability, in economic growth, quality improvement
of life of the Brazilian population and in the presence of the Country in the national and international markets
of food and bioenergy; (Included by Law No. 12,727 of 2012). III – governmental action of protection and
sustainable use of forests, consecrating the country’s commitment to the compatibility
and harmonization between the productive use of land and the preservation of water, soil
and vegetation; (Included by Law No. 12,727, 2012). IV – common responsibility of the Union, States,
Federal District and Municipalities, in collaboration with civil society in policy making
for the preservation and restoration of vegetation and its ecological and social functions
in urban and rural areas; (Included by Law No. 12,727 of 2012). V – promotion of scientific and technological research
in search of innovation for sustainable use soil and water, recovery and preservation
of forests and other forms of vegetation native; (Included by Law No. 12,727 of
2012). VI – creation and mobilization of incentives
economic resources to foster the preservation and the recovery of native vegetation and
to promote the development of activities sustainable productive (Included by
Law No. 12,727 of 2012). Art. 2 The existing forests in the territory
and other forms of vegetation recognized as being of utility to the lands
they cover are goods of common interest to all the inhabitants of the country, exercising
property rights with the limitations that legislation in general and especially
this law establishes. § 1 In the use and exploitation of vegetation,
actions or omissions contrary to the provisions of this Law are considered irregular use
property by applying the procedure summary provided for in item II of art. 275
of Law No. 5,869, of January 11, 1973 – Code of Civil Procedure, without prejudice
liability in accordance with § 1 of art. 14 of Law 6,938 of August 31
1981, and of administrative sanctions, civil and criminal Paragraph 2. The obligations provided for in this Law
are real in nature and are transmitted to the successor of any kind in the event of
transfer of ownership or ownership of the property rural. Art. 3 For the purposes of this Law:
per: I – Legal Amazon: the states of Acre, Pará,
Amazonas, Roraima, Rondônia, Amapá and Mato Grosso and the northern regions of the
13th S, of the States of Tocantins and Goiás, and west of the 44th meridian
W, from Maranhão State; II – Permanent Preservation Area – APP:
protected area, whether or not covered by vegetation with the environmental function of preserving
water resources, landscape, stability geological and biodiversity, facilitate the
gene flow of fauna and flora, protect the ensure the well-being of the populations
human beings; III – Legal Reserve: area located in the interior
of a rural property or possession, delimited by pursuant to art. 12, with the function of ensuring
sustainable economic use of natural resources of rural property, auxiliary
the conservation and rehabilitation of processes and promote the conservation of
biodiversity as well as shelter and protection wildlife and native flora; IV – consolidated rural area: real estate area
rural area with pre-existing anthropic occupation on July 22, 2008, with buildings,
improvements or agrosilvipastoral activities, In the latter case, the adoption of the
fallow regime; V – small family property or rural possession:
the one exploited through personal work of family farmer and family entrepreneur
including settlements and projects land reform, and which meets the requirements of
in art. 3 of Law No. 11,326, of July 24 2006; VI – alternative land use: substitution
of native vegetation and successor formations by other ground cover such as activities
agricultural, industrial, generation and power transmission, mining
and transportation, urban settlements or other forms of human occupation; VII – sustainable management: administration
natural vegetation to obtain economic, social and environmental benefits,
respecting the support mechanisms ecosystem object of management and considering
cumulatively or alternatively the use of of multiple timber species or not,
of multiple flora products and by-products, as well as the use of other goods and services; VIII – public utility: a) national security activities and
health protection; (b) infrastructure works intended for the
concessions and public transport services, road system, including that necessary
to approved urban land installments Municipalities, sanitation, management of
waste, energy, telecommunications, broadcasting, necessary facilities
of state, national sports competitions or international as well as mining except
in the latter case, sand extraction, clay, gravel and gravel; (See ADC No. 42)
(See ADIN No. 4,903) (See ADIN No. 4,937) c) civil defense activities and works; d) activities that are proven to provide
improvements in the protection of environmental functions referred to in item II of this article; e) other similar activities duly
characterized and motivated in procedure own administrative system when there is no
technical and locational alternative to the venture proposed by act of the Head of Power
Federal executive; IX – social interest: (See ADIN No. 4.903) a) the activities essential for the protection
integrity of native vegetation such as as fire prevention, combat and control,
erosion control, invasive eradication and protection of plantations with native species; b) sustainable agroforestry
practiced in small property or possession family or by peoples and communities
as long as it does not decharacterize existing vegetation cover and does not harm
the environmental function of the area; c) the implementation of public infrastructure
intended for sports, leisure and educational activities and cultural activities in urban areas
consolidated rural and rural areas, subject to established in this Law; d) land regularization of settlements
occupied predominantly by population low-income households in consolidated urban areas,
the conditions laid down in Law No. 11,977, of July 7, 2009; e) installation of necessary facilities
to the abstraction and conduction of water and effluents treaties for projects whose water resources
they are integral and essential parts of the activity; f) research and extraction activities
of sand, clay, gravel and gravel, granted by the competent authority; g) other similar activities duly
characterized and motivated in procedure own administrative system when there is no
technical and locational alternative to the activity proposed by act of the Head of Power
Federal executive; X – occasional or low impact activities
environmental: a) opening of small internal access roads
and its bridges and bridges when needed crossing a watercourse, accessing
people and animals to obtain water or the withdrawal of products from
sustainable agroforestry management activities; b) installation of necessary facilities
water and wastewater collection and conduction treated, provided that the granting of the
right to use water, when applicable; c) implementation of development trails
of ecotourism; d) construction of a slipway for
boats and small anchorage; e) construction of farmers’ housing
remnants of quilombola communities and other extractive and traditional populations
in rural areas where the supply of water is given by the residents’ own efforts; f) construction and maintenance of fences in
property; g) scientific research on resources
compliance with other requirements applicable law; h) collection of non-timber products for
subsistence purposes and seedling production, as seeds, nuts and fruits, respected
specific resource access legislation genetic; (i) planting of native producing species
of fruits, seeds, nuts and other products as long as it does not imply suppression
existing vegetation nor does it harm the environmental function of the area; j) agroforestry exploitation and forest management
community and family life, including the extraction of non-timber forest products,
provided they do not misrepresent the coverage existing native plant species or damage
environmental function of the area; (k) other similar actions or activities;
recognized as occasional and of low impact environmental act by the National Environment Council
Environment – CONAMA or the State Councils environmental; XI – (Vetoed); XII – path: savannah phytophysiognomy, found
hydromorphic soils, usually with the palm tree Mauritia flexuosa – buriti
emerging, without forming a canopy, in the midst of groupings shrub-herbaceous species; (Essay
Law No. 12,727 of 2012). XIII – Mangrove: coastal ecosystem that
occurs on low ground subject to the action tides, formed by recent muddy vases
or sandy, which is predominantly associated with the natural vegetation known as mangrove,
with fluviomarinha influence, typical of silt soils of estuarine regions and with
discontinuous dispersal along the coast between the states of Amapá and
Santa Catarina; XIV – Salty or hypersaline tropical marshes:
areas situated in regions with frequencies of intermediate flooding between tides
of sizigias and quadrature, with soils whose salinity ranges from 100 (one hundred) to 150 (one hundred)
and fifty) parts per 1,000 (one thousand), where herbaceous vegetation may occur
specific; XV – apicum: areas of hypersaline soils
located in the upper tidal regions, flooded only by the tides of sizigias,
salinity greater than 150 (one hundred percent) and fifty) parts per 1,000 (one thousand), devoid of
of vascular vegetation; XVI – Restinga: parallel sandy deposit
to the shoreline, generally elongated, produced by sedimentation processes,
where different communities are found that receive marine influence, with coverage
mosaic vegetable found on beaches, sandy cords, dunes and depressions, presenting,
according to the successional stage, stratum herbaceous, shrubby and arboreal, the latter
more internalized; XVII – source: natural outcrop of the sheet
water table that has perenniality and starts to a watercourse; XVIII – water eye: natural outcrop
groundwater, even intermittent; (See ADIN No. 4,903) XIX – regular bed: the chute where they run
waters regularly during the year; (See ADC No. 42) (See ADIN
No. 4,903) XX – urban green area: spaces, public
or private, with a predominance of vegetation, preferably native, natural or recovered,
Master Plan, Zoning Laws Urban and Urban Land Use, Unavailable
for housing construction, intended for for the purposes of recreation, leisure, improvement
of urban environmental quality, protection water resources, maintenance or improvement
landscape, property protection and demonstrations cultural; XXI – floodplain or plain
of flooding: marginal areas to courses flood and flood waters
periodicals; XXII – Flood Pass Range: Area
floodplain or adjacent floodplain to watercourses that allows runoff
flooding; XXIII – wavy relief: geomorphological expression
used to designate area characterized by terrain movements that generate depressions,
whose intensity allows its classification as soft wavy relief, wavy, strongly
wavy and mountainous. XXIV – fallow: temporary interruption practice
of agricultural activities or uses, livestock or forestry, for a maximum of five (5)
to enable the recovery of usability or physical structure
from soil; (Included by Law No. 12,727 of 2012). XXV – Wetlands: Wetlands and Surfaces
periodically covered by waters, originally covered by forests
or other adapted vegetation forms flooding; (Included by Law No. 12,727,
of 2012). XXVI – consolidated urban area: that of
which deals with item II of the caput of art. 47 of Law No. 11,977, of July 7, 2009; and
(Included by Law No. 12,727 of 2012). XXVII – Carbon Credit: Title of Law
about intangible and incorporeal tradable good. (Included by Law No. 12,727 of 2012). Single paragraph. For the purposes of this Law,
extends the treatment given to real estate referred to in item V of this article to
rural properties and possessions with up to 4 (four) fiscal modules that develop activities
agrosilvipastoris, as well as indigenous lands demarcated areas and other areas entitled to
traditional peoples and communities that make collective use of its territory.

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