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ARTICLE · 16 MARCH 2018

Brazilian Forest Code Is Majority Constitutional, Says Supreme Court

Veirano e Advogados Associados
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The Brazilian Supreme Court (STF) has partially accept the Direct Unconstitutional Action #4901, #4902, #4903 and #4937, as well the Direct Constitutional Action #42 to confirm as constitutional 49...

BrazilEnvironment
Ana Grizzi
Ana Grizzi
Leonardo Vitor Paiva Freire
Leonardo Vitor Paiva Freire

The Brazilian Supreme Court (STF) has partially accept the Direct Unconstitutional Action #4901, #4902, #4903 and #4937, as well the Direct Constitutional Action #42 to confirm as constitutional 49 of 58 provisions set forth in the Brazilian Forest Code (Federal Law No 12,651/2012) argued as invalid by the General Prosecutor's Office and a political party. The decision brings legal certainty for several economy segments by ruling several issue as (i) Permanent Preservation Areas (APPs): hypotheses of intervention and new standards for its acknowledgement along riparian vegetation, around waters reservoirs and water springs; (ii) Legal Forest Reserve: criteria to restore, offsetting requirements, unenforceable situations and merger with APPs; (iii) conditions and effects to amnesty environmental penalties and crimes executed previous to July 22, 2008.

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