Papers by Jose Luiz Monsores jr
OLAM - Ciência & Tecnologia, Sep 9, 2015
The Private Reserves of Natural Heritage (RPPN, Portuguese acronym) are strategic to Atlantic For... more The Private Reserves of Natural Heritage (RPPN, Portuguese acronym) are strategic to Atlantic Forest conservation, especially in Rio de Janeiro State, were the private forest areas account for 65% of the total remaining forest. The involvement of municipalities is considered positive, by the possibility of simplify and expedite the process of recognition of private reserves. However, there is great concern about if the procedures adopted by the municipalities meet the legal criteria and procedures for establishing these reserves and not undermine their legal certainty. This paper examined legal frameworks on RPPN approved by eight municipalities under the following aspects: compliance with federal and state regulations, legal certainty, innovation on incentives to private reserves and effectiveness in the implementation of the law. We found legal non-conformities in four municipalities: Petropolis, Resende, Miguel Pereira and Rio Claro. In the legal certainty component, we found that, six municipalities standardize the procedures and the list of documents for RPPN creation. Although only four, require georeferenced maps. About incentives, seven define at least one incentive for private reserves, especially the reduction and/or exemption from urban property tax (IPTU, acronym Portuguese). However, we did not confirm the application of this benefit. Two cities established the transference of ecological ICMS resources to RPPN but only in Varre-Sai it is already a reality. Five municipalities are applying their law and have already created 15 RPPN totaling 287.60 hectares in protection. Despite the positivism in these local initiatives, we understand that the role of the municipalities should be to support the RPPN management by prioritizing incentive actions, whether financial or technical. Therefore, we consider that the main gap in federal and state public policies for private reserves is to apply at local level the mechanisms to incentive and support the RPPN and municipalities can be protagonists in these efforts.
10 anos do Programa RPPN do Instituto Estadual do Ambiente (Inea), 2018
A Private Natural Heritage Reserve (RPPN) is a Sustainable Use Conservation Unit foreseen in Fede... more A Private Natural Heritage Reserve (RPPN) is a Sustainable Use Conservation Unit foreseen in Federal Law 9.985 / 2000, which established the National System of Conservation Units (SNUC). Many Brazilian states also have their own standards for RPPN recognition by their respective state environmental agency. The State of Rio de Janeiro maintains legislation for the recognition of RPPNs, to support owners through financial incentives for the management and conservation of their environmental assets. The model for conservation of eco-resources on private lands, within the areas designated for an RPPN, is an initiative taken by the landowner for the conservation and protection of unique portions of local biomes. This measure has been very effective in the scenario of Brazilian protected areas, creating buffer zones and forming biodiversity corridors, protecting significant portions of the country’s varied ecosystems while providing some environmental services to Brazilian society.
The inclusion of Private Natural Heritage Reserves (RPPNs) in Federal Law 9.985 of July 18, 2000, which establishes the National System of Conservation Units (SNUC), demonstrates the recognition of the evolution of this type of conservation unit, which has been increasing in number since its creation by Federal Decree 98.914, in 1990. The consolidation of RPPNs in the national scenario of protected areas is mainly due to the observance of the basic principles and guidelines that allowed for their creation.
Owners’ involvement in conservation efforts express a manifestation of their desire to the protect the flora and fauna biodiversity in the natural areas on their private properties, while maintaining full rights to the property - these are the premises that have strengthened the RPPNs.
Frequently criticized for the rigidity of the principles that were adopted to assure the integral protection of ecosystems, the law recognizes the permanent responsibility of owners and the perpetual nature of RPPNs, duly recorded in notary public offices. Perhaps it is because of this severity that RPPNs are a clear and an unequivocal demonstration that the State, simply by official encouragement and support of the collectivity, has obtained not only satisfactory but gratifying responses to the efforts made for the protection of natural environments and the provision of environmental services in the RPPNs.
Many Brazilian states have followed the lead taken by federal regulation and already have their own standards for RPPN recognition; the norms are managed by their respective state environmental agencies. Once again, RPPN history confirms that the sources of the new law are aligned with doctrine, jurisprudence and customs; the actual law itself has demonstrated its effectiveness. And, more than effectiveness; it has proven its efficiency in satisfying the social aspirations of society and ecological needs of the environment.
In the case of the State of Rio de Janeiro, official RPPN recognition stems from State Decree 40.909, of August 17, 2007.
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Papers by Jose Luiz Monsores jr
The inclusion of Private Natural Heritage Reserves (RPPNs) in Federal Law 9.985 of July 18, 2000, which establishes the National System of Conservation Units (SNUC), demonstrates the recognition of the evolution of this type of conservation unit, which has been increasing in number since its creation by Federal Decree 98.914, in 1990. The consolidation of RPPNs in the national scenario of protected areas is mainly due to the observance of the basic principles and guidelines that allowed for their creation.
Owners’ involvement in conservation efforts express a manifestation of their desire to the protect the flora and fauna biodiversity in the natural areas on their private properties, while maintaining full rights to the property - these are the premises that have strengthened the RPPNs.
Frequently criticized for the rigidity of the principles that were adopted to assure the integral protection of ecosystems, the law recognizes the permanent responsibility of owners and the perpetual nature of RPPNs, duly recorded in notary public offices. Perhaps it is because of this severity that RPPNs are a clear and an unequivocal demonstration that the State, simply by official encouragement and support of the collectivity, has obtained not only satisfactory but gratifying responses to the efforts made for the protection of natural environments and the provision of environmental services in the RPPNs.
Many Brazilian states have followed the lead taken by federal regulation and already have their own standards for RPPN recognition; the norms are managed by their respective state environmental agencies. Once again, RPPN history confirms that the sources of the new law are aligned with doctrine, jurisprudence and customs; the actual law itself has demonstrated its effectiveness. And, more than effectiveness; it has proven its efficiency in satisfying the social aspirations of society and ecological needs of the environment.
In the case of the State of Rio de Janeiro, official RPPN recognition stems from State Decree 40.909, of August 17, 2007.
The inclusion of Private Natural Heritage Reserves (RPPNs) in Federal Law 9.985 of July 18, 2000, which establishes the National System of Conservation Units (SNUC), demonstrates the recognition of the evolution of this type of conservation unit, which has been increasing in number since its creation by Federal Decree 98.914, in 1990. The consolidation of RPPNs in the national scenario of protected areas is mainly due to the observance of the basic principles and guidelines that allowed for their creation.
Owners’ involvement in conservation efforts express a manifestation of their desire to the protect the flora and fauna biodiversity in the natural areas on their private properties, while maintaining full rights to the property - these are the premises that have strengthened the RPPNs.
Frequently criticized for the rigidity of the principles that were adopted to assure the integral protection of ecosystems, the law recognizes the permanent responsibility of owners and the perpetual nature of RPPNs, duly recorded in notary public offices. Perhaps it is because of this severity that RPPNs are a clear and an unequivocal demonstration that the State, simply by official encouragement and support of the collectivity, has obtained not only satisfactory but gratifying responses to the efforts made for the protection of natural environments and the provision of environmental services in the RPPNs.
Many Brazilian states have followed the lead taken by federal regulation and already have their own standards for RPPN recognition; the norms are managed by their respective state environmental agencies. Once again, RPPN history confirms that the sources of the new law are aligned with doctrine, jurisprudence and customs; the actual law itself has demonstrated its effectiveness. And, more than effectiveness; it has proven its efficiency in satisfying the social aspirations of society and ecological needs of the environment.
In the case of the State of Rio de Janeiro, official RPPN recognition stems from State Decree 40.909, of August 17, 2007.