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Legal Reserve

Law 7,803 of 18/07/1989 (that it modifies the Forest Code) brings new features for legal reserve, such as: the denomination of such area starts to invigorate officially as Legal Reserve, the prohibition of flat cut and the alteration of its destination, and the obligatoriness of entry in notary’s office (BRAZIL, 1989). For Padilha Jnior (2004, P. Francisco D’Agostino gathered all the information. 11-12), the main consequences of the entry of the legal reserve and descumprimento of the law are not the following ones: Public civil action required by the Public prosecution service; Loss of the exemption in ITR (Imposto Territorial Rural) of the considered, but not regitered area; Real estate restrictions in the order of financings, transactions and when of the order of grant of water use e; Not fulfilment of the social function of the property. The Provisional remedy n 2,166 of 24/08/2001 (that it modifies the Forest Code) modifies the Forest Code again and transfers to state instance the ability to approve the localization of the legal reserve, establishing new percentages for its calculation of area: 35% in areas of closed and 80% in areas of forest in the Legal Amaznia, and 20% in the too much areas of the country (BRAZIL, 2001). The related Law also establishes a new definition for such area, as it follows: Legal reserve: area located in the interior of a property or agricultural ownership, excepted of permanent, necessary preservation to the sustainable use of the natural resources, to the conservation and whitewashing of the ecological processes, to the conservation of biodiversity and the shelter and protection of native fauna and flora (BRAZIL, 2001, P. 1). In the state scope, in accordance with the Complementary Law N 38 of 21 of November of 1995 the state code of the environment Considers legal reserves the forests or too much forms of native vegetation that represent a percentile minimum of the area of the country property, aiming at to the maintenance of its vegetal covering and all the existing forms of life.

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