What is it about?
Brazil's environmental legislation is supposed to protect native vegetation, but could some of its provisions actually be making deforestation worse? This study analyzes the effects of Brazilian environmental laws — particularly the Forest Code — and finds that certain legal provisions create perverse incentives that may encourage landowners to clear vegetation before new rules take effect or to exploit legal loopholes. The result is that the legal framework meant to protect nature may in some cases be facilitating its destruction.
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Why is it important?
Environmental legislation is only as effective as the incentives it creates. This paper delivers an important and uncomfortable message: that poorly designed laws can accelerate the very destruction they are meant to prevent. The analysis provides evidence-based arguments for reforming Brazil's Forest Code to close loopholes and strengthen protections, and offers lessons for environmental law design globally.
Perspectives
This paper was born from frustration at watching Brazil's native vegetation continue to disappear despite the existence of laws designed to protect it. Pointing out the perverse incentives within environmental legislation is not popular, but it is necessary if we are to build more effective conservation policies. I hope this analysis contributes to a more rigorous and honest debate about how Brazilian environmental law can be improved.
PhD Edivando Vitor do Couto
Technische Universitat Munchen
Read the Original
This page is a summary of: Brazil's vegetation ravage may be encouraged by law, Biodiversity and Conservation, January 2020, Springer Science + Business Media,
DOI: 10.1007/s10531-020-01933-7.
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