The Marco Legal das Garantias, also known as the Legal Framework of Guarantees, was approved as Law No. 14.711 on October 30, 2023. This law, resulting from the presidential sanction of Project Law No. 4188 of 2021, brings significant changes and updates to the legal framework regarding environmental protection and rural properties in Brazil.

The Marco Legal das Garantias, also known as the Legal Framework of Guarantees, was approved as Law No. 14.711 on October 30, 2023. This law, resulting from the presidential sanction of Project Law No. 4188 of 2021, brings significant changes and updates to the legal framework regarding environmental protection and rural properties in Brazil.

One of the key provisions of the Marco Legal das Garantias is the creation of the Rural Environmental Registry (Cadastro Ambiental Rural - CAR). The CAR is an electronic public registry that integrates environmental information from rural properties and possessions. It serves as a national database for environmental control, monitoring, planning, economic development, and combating deforestation. All rural properties are required to be registered in the CAR, preferably with the municipal or state environmental agency.

Another important aspect of the law is the requirement for all rural properties to maintain a minimum percentage of native vegetation cover, known as the Legal Reserve (Reserva Legal). The percentage varies depending on the location of the property. In the Amazon region, for example, the minimum Legal Reserve requirement is 80% for forested areas, 35% for cerrado areas, and 20% for campo geral areas. In other regions of the country, the minimum requirement is 20%. However, there are exceptions for certain activities that contribute to the protection of environmental functions.

It's worth noting that the obligations established by the law have real nature and are transferred to successors in case of property transfer or change of possession. This means that the new owner or possessor of a rural property is also responsible for complying with the Legal Reserve requirements.

The law also defines terms such as the Amazon Legal (Amazônia Legal), which encompasses several states and regions in Brazil, and the Permanent Preservation Areas (Áreas de Preservação Permanente - APPs), which are protected areas designated to preserve water resources, landscapes, geological stability, biodiversity, and other environmental functions.

Additionally, the law introduces the concept of Carbon Credit (crédito de carbono), which is a tradable intangible asset representing the reduction or offset of carbon emissions. This mechanism aims to incentivize activities that contribute to carbon sequestration and reduction of greenhouse gas emissions.

To ensure compliance with the legislation, the law establishes penalties for deforestation and other environmental infractions. The environmental agency responsible for enforcement can embargo activities or constructions that violate the law and initiate the process of restoring the affected areas. It is also responsible for providing public access to information regarding embargoes and administrative procedures related to environmental violations.

In terms of regularizing properties that do not meet the Legal Reserve requirements, the law establishes the Program of Environmental Regularization (Programa de Regularização Ambiental - PRA). Property owners or possessors have a one-year period to join the PRA after being notified by the competent authority. Once they sign the commitment term, sanctions related to environmental infractions are suspended, and fines can be converted into environmental preservation services.

Now that we understand the key points of the Marco Legal das Garantias, let's explore some actionable advice for rural property owners and possessors to comply with the law and contribute to environmental preservation:

1. Register your property in the Rural Environmental Registry (CAR): It is mandatory to register your property in the CAR, preferably with the municipal or state environmental agency. This registration will integrate your property's environmental information into the national database, allowing for control, monitoring, and planning of environmental activities.

2. Ensure compliance with the Legal Reserve requirements: Depending on the location of your property, there are minimum percentages of native vegetation cover that must be maintained as the Legal Reserve. Familiarize yourself with the specific requirements for your region and take the necessary steps to meet them. Consider activities that contribute to the protection of environmental functions, as they may provide exceptions to the minimum requirements.

3. Join the Program of Environmental Regularization (PRA): If your property does not meet the Legal Reserve requirements, consider joining the PRA within the one-year period after notification by the competent authority. This program allows you to regularize your property by committing to environmental preservation and restoration activities. By joining the PRA, you can suspend sanctions and convert fines into environmental preservation services.

In conclusion, the Marco Legal das Garantias brings important updates to the legal framework regarding environmental protection and rural properties in Brazil. By complying with the requirements and taking proactive measures to preserve the environment, rural property owners and possessors can contribute to sustainable development and the fight against deforestation. Registering in the CAR, ensuring compliance with the Legal Reserve, and joining the PRA are actionable steps that can help achieve these goals.