Legal Reserve Research Articles

Interbank networks in the National Banking Era: Their purpose and their role in the Panic of 1893

The unit banking structure of the United States produced a uniquely important interbank correspondent network. During the National Banking Era, this network normally provided banks with access to money markets, facilitated payment processing, and helped banks meet legal reserve requirements. In crises, network connections could be a source of liquidity risk. That risk became evident during the Panic of 1893, when New York suspended convertibility. Banks with high two-sided liquidity risk (those holding more of their liquid assets with their correspondents and funded to a greater extent by deposits of other banks) were particularly exposed and more likely to close.

REGULARIZATION OF LEGAL RESERVE DEBTS: PERCEPTIONS OF RURAL PRODUCERS IN THE STATE OF PARÁ AND MATO GROSSO IN BRAZIL

Abstract The native vegetation on private land is considered a key component in the supply of ecosystem services, so the Forest Code establishes the Legal Reserve. While some studies have showed that non-compliance is common, so far no study has analyzed the willingness of producers to settle this liability. This study aimed to investigate in a exploratory ways the stated preferences and the motivating factors of producers in the settlement of liabilities and use of Legal Reserve surpluses. With this purpose this study has collected primary data through structured face-to-face interviews with 77 producers in 17 municipalities in the states of Pará and Mato Grosso. The results showed four available classes of producers in regulation (positive, inaccurate, inaccurate and negative) and suggest that age, income and the type of agricultural activity are important factors in the decision-making process of farmers in relation to environmental regularization of their legal reserves.

RESTORATION THROUGH AGROFORESTRY: OPTIONS FOR RECONCILING LIVELIHOODS WITH CONSERVATION IN THE CERRADO AND CAATINGA BIOMES IN BRAZIL

SUMMARYThe new Brazilian Forest Code obliges farmers to restore degraded lands on conservation set-asides required on all rural properties, known as Permanent Preservation Areas and Legal Reserves. While farmers can do so through agroforestry systems (AFS) to improve their livelihoods and offset the costs of restoration, these areas must also maintain basic ecological functions. How this can be done in practice, however, stills need to be regulated at the state level, but there are few scientific studies in Brazil on the costs and benefits of restoration through AFS. These knowledge and policy gaps have left ample room for interpretation and thus discouraged technicians from recommending — and policymakers from regulating — AFS for restoration. Aiming to bridge these gaps, this study draws from a comprehensive literature review, expert knowledge, stakeholder participation and analyses of agroforestry-based restoration efforts in the field. First, we discuss the social and ecological benefits of AFS as well as key constraints to upscaling agroforestry-based restoration. Focusing on different biophysical and social contexts within the Brazilian Cerrado and Caatinga biomes, we conclude that AFS can provide win–win solutions for reconciling livelihoods needs with conservation goals and propose practical options to do so, which vary according to farmer objectives, resource constraints and opportunities. In order to guide implementation of these agroforestry options, we propose design principles and criteria as well as key species and management practices most suited to different contexts and farmer objectives.

Segurança alimentar em assentamentos com ênfase ambiental:

Este trabalho é uma análise da segurança alimentar de agricultores familiares, em uma região de “fronteira agrária” na Amazônia. A pesquisa foi realizada no assentamento do PDS Virola Jatobá, município de Anapu, Pará. Nessa modalidade de assentamento, os agricultores utilizam as áreas de uso alternativo com atividades agropecuárias e as áreas de reserva legal com o extrativismo e manejo florestal comunitário. Realizaram-se 32 entrevistas e aplicação de 75 questionários socioeconômicos nas unidades de produção familiar com o objetivo de se identificar os valores de produção, consumo e renda, bem como compreender as transformações socioprodutivas. Os resultados da pesquisa permitiram a elaboração de uma tipologia, a partir da atividade preponderante na geração de renda, apontando para mudanças não apenas nas práticas tradicionais de produção em função das questões ambientais, mas também sobre o próprio modelo de produção agrícola, com diferentes estratégias na formação de renda.

INVENTORIES RECREATION AND TOURISM RESOURCES AS THE INFORMATION BASE IMPROVING RELATIONS OWNERSHIP OF NATURAL FACTORS OF PRODUCTION

The article analyzes the essence of the inventories of medical natural resources and inventories of natural resorts. Cadastres are a systematic set of data on the state of natural recreational and tourist resources, their quantitative and qualitative status. A cadastre is one of the forms of state accounting of natural resources, their main purpose is the information support of the planning of the use of natural resources, taking into account the principles of their integrated development, rational use and protection. The state inventory of natural areas of resorts is a collection of information in a text, digital and graphic (cartographic) form on the legal status, affiliation, mode, geographical location, terrain, climatic features, species and reserves of natural medicinal resources, qualitative characteristics Natural areas of resorts, preventive, Rehabilitation, ecological, scientific, recreational and other values. The most important goal of creating a inventory of recreational and tourist resources is to identify ways to make the best use of all the prerequisites for the development of tourism within a particular territory. To do this, the inventory should contain a comprehensive description of recreational and tourist resources, including their detailed accounting and classification, qualitative and quantitative assessment of economic efficiency of development, analysis of use and its main prospects, as well as the most important measures for their protection. It should be noted that many natural resources can be used as recreational. The main directions of use of cadastral information for improving the management of state property for specified resources are determined. The necessity of inventory of existing and potential natural recreational and tourist resources.

NOVO CÓDIGO FLORESTAL BRASILEIRO: MUDANÇAS E PERSPECTIVAS

Brazil adopted a new forest code in 2012 within environmentalists and farmers conflicts. However, specialists show that the new forest code may be more lenient with the rules to protect permanent preservation areas and legal reserves. Thus, this work aims

USO DE INDICADORES BASEADOS NA LEGISLAÇÃO AMBIENTAL BRASILEIRA PARA ANÁLISE DE PROPRIEDADES RURAIS FAMILIARES DA AMAZÔNIA

Os efeitos do novo Código Florestal Brasileiro (CFB) - Lei Federal n. 12.651 (BRASIL, 2012) - ainda estão sendo avaliados e discutidos quanto à adequação de propriedades rurais à legislação ambiental, tanto nas questões de recuperação de áreas degradadas quanto em relação às possibilidades de uso sustentável das áreas de preservação permanente (APP) e de Reserva Legal (RL). O objetivo do trabalho foi construir e aplicar indicadores ambientais de avaliação para verificar o desempenho ambiental de propriedades rurais familiares, considerando alternativas que o produtor deve seguir para se adequar às legislações ambientais e, também, verificando as condutas favoráveis ao não cometimento de infrações ou crimes ambientais. Foram estabelecidos indicadores ambientais de avaliação propostos a partir de parâmetros da legislação, os quais foram utilizados na análise de propriedades rurais conduzidas sob sistemas de produção orgânica (SPO) ou convencional (SPC). As propriedades rurais conduzidas em SPO apresentaram melhores resultados quanto aos indicadores ambientais de avaliação tanto das áreas de RL quanto das APPs, predominando o caráter essencialmente preservacionista nas propriedades rurais. Houve baixa ocorrência de casos de manejo agroflorestal ou agroextrativismo tanto nas áreas de RL quanto de APP das propriedades rurais avaliadas nos dois sistemas de produção. Os indicadores ambientais construídos a partir da legislação ambiental demonstraram ser uma ferramenta eficiente, prática e de baixo custo, para os técnicos e agricultores assim como na identificação de situações positivas de manejo em relação à adequação às leis ambientais.

CROP COEFFICIENT, DRY MATTER PARTITION AND SEEDLINGS QUALITY OF Hymenaea courbaril L. IN CONTAINERS SIZES UNDER WATER DEFICIT IRRIGATION1

ABSTRACT Native species seedlings are commonly used in the degraded areas reforestation, riparian forests and legal reserve. Among the factors that influence the seedlings quality, are the container size and the substrate water availability. Thus, the objective of this paper was to evaluate Hymenaea courbaril L. seedlings response in function of irrigation levels and container sizes. The experiment was carried out in greenhouse, in randomized blocks design, with three replications in split plots, in 2 x 5 scheme. Rigid pots of 3.1 L and stiff plastic tubes of 4.0 L were used in the plots, while irrigation levels equals to 20%, 40%, 60%, 80% and 100% of the maximum evapotranspiration (ETm) were used in the subplots. The stiff plastic tube provided larger ETm and increased seedlings quality and, consequently, larger crop coefficient (Kc) in comparison with rigid pot, in the phase from 80 to 200 days after the sowing (DAS). The Kc of the seedlings in citrovase varired from 0.54 to 1.12, of the planting at 200 DAS, according the Penman-Monteith methodology. Irrigation levels between ETm 86.8% and 100% propitiated larger seedlings quality index. To the 200 DAS, the roots dry matter was larger than the leaves dry matter, unlike the initial phases.

The legal reserve: historical basis for the understanding and analysis of this instrument

ABSTRACT: The revisions made in the Forest Code (FC) in 2012 appear to have promoted the weakening of the legal reserve (LR), which after at least 80 years of development, had become established in the Brazilian legal system as an instrument of environmental conservation. This study investigated the possibility of disruption in the implementation of the LR and was developed using qualitative approaches, including bibliographical and documental analyses, to assess the historical construction and legal format of the instrument over time. It was concluded that the current Forest Code broke the trend of development of the LR as an instrument of environmental conservation that was promoted by previous codes and removed the conditions necessary for its effectiveness and existence.

A dispensa de averbação da reserva legal no registro de imóveis: diminuição da proteção ambiental?

Pretende-se a análise do cadastro ambiental rural (CAR) e a dispensa da averbação da reserva legal (RL) com fundamento na Lei n° 12.651/12. Serão abordados elementos da proteção ambiental e da propriedade imobiliária para tratar da revogação de averbação da reserva legal no registro de imóveis e sua inserção no CAR, bem como o papel do registro de imóveis e a publicidade registral no intuito de averiguar a segurança jurídica no tráfego imobiliário. Utilizou-se método exploratório por meio de análise bibliográfica e documental iniciando no direito constitucional e ambiental passando pelo direito registral.

Chinese Shadow Banking—Credit Creation Mechanism and Credit Expansion of Bank Financial Products

In China, shadow banking can be described as credit intermediations involving entities and activities outside the regular banking system broadly, also some non-bank credit entities and activities. Then we should pay more attention on shadow banking, which can particularly increase maturity and liquidity transformation, imperfect credit risk transfer and/or leverage by different financial tools. In our country, the financial system is dominated by commercial banks, so more and more internal financial innovations, especially bank financial products could be viewed as the representative of shadow banking. In essence, the process of bank financial products is not an independent credit creation, but it can enlarge the credit creation of commercial banks and enhance the scale of credit expansion by means of trust loans, entrusted loans, trust beneficiary, specific assets usufruct, and the asset pool, which will result in a higher liquidity risk. Therefore, expanding the scope of the legal deposit reserve rate, establishing more laws and regulations about bank financial products, and constantly improving the internal management mechanism of bank financial products are particularly important.

Deforestation analysis in protected areas and scenario simulation for structural corridors in the agricultural frontier of Western Bahia, Brazil

The aim in this paper was to evaluate the spatial distribution of protected areas defined by law and their importance as structural corridors. The study area was 7,559,783.69ha located in Western Bahia (Northeast Brazil), restricted to the limits of the Urucuia Group (Upper Cretaceous), where there is strong agribusiness growth. Currently, a major dilemma in Brazilian public policy arises from the conflicting interests of environmental conservation and increased food production. Brazilian environmental protection policies include the implantation of Protected Areas (Full Protection Units and Sustainable Use Units) and the adoption of the National Forest Act (Permanent Preservation Areas and Legal Reserves). In this context, we delimited illegal land-use in Permanent Preservation Areas (PPAs) adopting the intersection between land-use/land-cover data from PRISM/ALOS image classification for the years 2007–2010 and PPA vectors. We performed the temporal analysis in PAs considering land-use/land-cover data from Landsat TM image classification for the years 1988, 1992, 1996, 2000, 2004, 2008 and 2011. Finally, we performed a Morphological Spatial Pattern Analysis (MSPA) to evaluate whether PPAs alone are sufficient as structural corridors. Hypothetical scenarios were simulated to increase the potential of PPAs as structural corridors. The calculation of MSPA attributes was conducted considering 3 edge widths: 15m (1 pixel), 510m (34 pixels), and 1005m (67 pixels). Four scenarios were simulated, considering a gradual increase in preserved areas. The results show that illegal land use is contained within PPA and protected areas. The scenario simulations present alternatives to increase the connectivity of the fragments and ensure the maintenance of ecological and hydrological services. Rapid agricultural expansion without proper landscape planning can compromise the sustainability of ecosystem services and the recharge zone of the Urucuia aquifer.

The role of the rural settlements in the Brazilian savanna deforesting process

ABSTRACTAlthough the drivers of deforestation in Brazil are relatively well known, there is still limited understanding of the role of family farm-based rural settlements in land cover changes, particularly in the Brazilian savanna. This research aims to identify land use patterns within rural settlements and examine how they are influenced by regional dynamics. The study is based on GIS techniques and satellite image classification (Landsat 5-TM and RapidEye imagery), combined with geo-referenced fieldwork data in three different regions of the State of Goiás. The results reveal that the deforestation arrangement within the studied rural settlements is very similar to the deforestation found in the surrounding regions. As a positive outcome, the rural settlements have a higher share of remnant vegetation when compared to the surrounding areas, but this is still concentrated within legal reserves. We conclude that the changing patterns of rural settlement land cover are highly influenced by regional dynamics.

Constraining Forest Certificate's Market to Improve Cost-Effectiveness of Biodiversity Conservation in São Paulo State, Brazil.

The recently launched Brazilian “forest certificates” market is expected to reduce environmental compliance costs for landowners through an offset mechanism, after a long history of conservation laws based in command-and-control and strict rules.In this paper we assessed potential costs and evaluated the cost-effectiveness of the instrument when introducing to this market constraints that aim to address conservation objectives more specifically. Using the conservation planning software Marxan with Zones we simulated different scopes for the “forest certificates” market, and compared their cost-effectiveness with that of existing command-and-control (C&C), i.e. compliance to the Legal Reserve on own property, in the state of São Paulo. The simulations showed a clear potential of the constrained “forest certificates” market to improve conservation effectiveness and increase cost-effectiveness on allocation of Legal Reserves. Although the inclusion of an additional constraint of targeting the BIOTA Conservation Priority Areas doubled the cost (+95%) compared with a “free trade” scenario constrained only by biome, this option was still 50% less costly than the baseline scenario of compliance with Legal Reserve at the property.

Qualitative characteristics of water resulting from the introduction of Eucalyptus silviculture in Pampa biome, RS

ABSTRACT This study aimed to present the effect on surface water quality of the introduction of eucalyptus forestry in areas that were traditionally used for extensive cattle farming in the Pampa biome, by comparing two paired watersheds located in the municipality of Rosário do Sul, one of them used for forestry and the other in an anthropized natural grassland condition in the Pampa biome. For this purpose, every fifteen days the following parameters were collected and analyzed in two watersheds with different land uses (watershed with grassland and extensive livestock farming – GW and watershed with Eucalyptus - EW) between the months of August 2011 and August 2012: pH, EC, temperature, turbidity and concentrations of SO42-, K+, Ca2+, Mg2+, Cl-, BOD5,20, SS, DS, alkalinity, total coliforms and Escherichia coli. Water quality and land use parameters averages were compared using the t-Test to account for the land use and seasonality. It was concluded that the introduction of forestry activity together with the areas of environmental protection required by the Brazilian legislation (Permanent Preservation Areas - PPA plus Legal Reserve - LR), contributed to the increased concentrations of conductivity, dissolved solids, alkalinity and calcium, and the decreased concentrations of total coliforms and Escherichia coli.

POTENCIAL MEDICINAL DE ESPÉCIES ARBÓREAS DE UM REMANESCENTE FLORESTAL DA FLORESTA ESTACIONAL SEMIDECIDUAL, NA REGIÃO CENTRAL DO ESTADO SÃO PAULO

This work presents the medicinal of tree species found in a forest fragment Semideciduous. The fragment is an area proposed for Experimental Farm of the legal reserve of Unesp Botucatu, located in the central region of Sao Paulo State. In this area, there was a floristic survey and have identified 108 tree species from 43 families. From the identified species was carried out a literature review of medicinal potential. Of the species found 46% (51 species) are known medicinal potential. Of these, the family that had the greatest potential was the Fabaceae, representing approximately 31% (16 species) of the medical potential of the forest fragment. Another analysis of this study is that the parts used for both medicinal action are plant organs (leaves, flower, bark, fruit) that the operation (provided there is an adequate management) does not compromise the individual's own residence, showing a valuation of standing forests strategy. This also indicates an alternative production to areas where it is allowed the use of species without compromising their existence, such as legal reserves, protected areas of water sources, among others. Therefore, knowing the potential uses of forest species is the first step to know the real capacity of forests to provide inputs.

Compensating for past deforestation: Assessing the legal forest surplus and deficit of the state of Pará, eastern Amazonia

Up to 80% of each private rural property in the Brazilian Amazon is protected by law through the Legal Reserve (LR) mechanism of the federal Forest Code, underlining the conservation importance of forests on private lands in one of the world̿s most important biomes. However, our understanding of the discrepancies in levels of forest protection on private lands as obligated by the law versus what occurs in practice remains very poor. We assessed patterns of forest cover and legal compliance with the Forest Code in the 1.25Mkm2 Brazilian state of Pará, which has the highest deforestation rate in the Amazon. We evaluate the LR deficit and surplus patterns for different sized properties and across 144 municipalities, and found that the total LR surplus (12.6Mha) was more than five times the total area of deficit (2.3Mha). Yet, from the total surplus, only 11% can be legally deforested while the remaining 89% is already protected by law but can be used (sold or rented) to compensate for areas that are under deficit. Medium and large-scale properties make up most of the total LR deficit area, while agrarian reform settlements had comparatively large amounts of both compensation-only surplus and deforestable surplus. Most of the municipalities (77%) in the state could compensate their total deficit with surplus areas of LR in the same municipality, while the remainder can be compensate their deficit in one or more neighbouring municipalities, indicating compensation can always take place close to the source of the deficit. Maximising the environmental benefits of achieving Forest Code compliance requires measures that go beyond the existing legal framework, including interventions to avoid further deforestation in places where it is still legal, compensate in close proximity to areas with legal reserve deficit and promote local restoration on degraded lands.

PROPOSITION AND EVALUATION OF NATIVE VEGETATION RECOVERING INDEX (NVRI) OF RURAL PROPERTY

ABSTRACT The new Brazilian Forest Code (Laws no. 12,651/2012 and no. 12,727/2012) establishes a set of rules in relation to native vegetation areas, such as Permanent Preservation Areas and 'Legal Reserve', that must be preserved by the landowner. Thus, it becomes relevant to survey these areas, as well as to assess the need for recovering them. In this context, this research aimed to propose a method for calculating the Native Vegetation Recovering Index (NVRI) for rural properties and to validate it on a case study of Porto Alegre/RS drawing on geotechnology and on a technical cadaster. The method enabled to assess the range of native vegetation and to characterize the Permanent Preservation Areas and the Legal Reserve of rural property, as well as to estimate the fraction of the area to be recovered with native vegetation in each property. In the case study, the calculated NVRI was null for 61 properties, and ranged from 0.1% to 94.0% for other 15 properties examined. For properties sized up to 01FM (one fiscal module), the NVRI was 1.3%; for those sized between 01 and 02FM, it was zero; for properties sized between 02 and 04FM, NVRI was 1.5%; and for properties above 04FM, it was 10.8%. For the total surveyed properties, the calculated NVRI showed that 9.2% of the area that should be covered with native vegetation is in need to be recovered, since it is disfigured in terms of its native flora. By enabling to assess the situation of each rural property regarding its compliance with guidelines established in the new Forest Code, the applied method becomes a supporting tool for policies on territorial and environmental management.

A critical analysis of the Native Vegetation Protection Law of Brazil (2012): updates and ongoing initiatives

The Native Vegetation Protection Law of Brazil, which replaced the Forest Code from 1965, is still undergoing regulation at federal and state levels, and the constitutionality of some clauses are still in question. In order to support legal rulings, decisions by public officers, and to inform other stakeholders, we present a balanced assessment of the positive and negative consequences of Native Vegetation Protection Law in light of current scientific knowledge. Key advances were noted in the systems of controls and incentives, which promoted new mechanisms and policies to support the implementation of this law. The main environmental setbacks were (i) the removal of protection of certain environmentally fragile areas, (ii) the concession of amnesty of fines incurred for violating the preceding legislation, (iii) allowing continuous farming or maintenance of infrastructure in areas protected by law, without full recovery of native vegetation. The weakening of Native Vegetation Protection Law may hamper soil and watershed protection, biodiversity conservation, and even agricultural productivity, without manifest benefits for the country. On that account, we recommend that: (i) judiciary rulings and state and county regulations to correct pending issues with the Native Vegetation Protection Law based on scientific knowledge and with wider citizen participation; (ii) the strengthening of agencies for rural technical assistance; (iii) the development of incentives to develop the supply chain for native vegetation recovery; (iv) the regulation of compensation for Legal Reserves based on clear and robust environmental criteria; and (v) the assessment of legal compliance has also to be based on the environmental quality of recovered areas.

Análise crítica da Lei de Proteção da Vegetação Nativa (2012), que substituiu o antigo Código Florestal: atualizações e ações em curso

The Native Vegetation Protection Law (NVPL) of Brazil, which replaced the Forest Code from 1965, is still undergoing regulation at federal and state levels, and the constitutionality of some clauses are still in question. In order to support legal rulings, decisions by public officers, and to inform other stakeholders, we present a balanced assessment of the positive and negative consequences of NVPL in light of current scientific knowledge. Key advances were noted in the systems of controls and incentives, which promoted new mechanisms and policies to support the implementation of this law. The main environmental setbacks were i) the removal of protection of certain environmentally fragile areas, ii) the concession of amnesty of fines incurred for violating the preceding legislation, iii) allowing continuous farming or maintenance of infrastructure in areas protected by law, without full recovery native vegetation. The weakening of NVPL may hamper soil and watershed protection, biodiversity conservation, and even agricultural productivity, without manifest benefits for the country. On that account, we recommend: i) that judiciary rulings and state and county regulations to correct pending issues with the NVPL based on scientific knowledge and with wider citizen participation; ii) the strengthening of agencies for rural technical assistance; iii) the development of incentives to develop the supply chain for native vegetation recovery; iv) the regulation of compensation for Legal Reserves based on clear and robust environmental criteria; and that v) that the assessment of legal compliance has also to be based on the environmental quality of recovered areas.