Text: Daniella Brum (Translation: Natália Juliano) | Picture: André Drib
The creation of protected territories is considered worldwide to be the main public policy for forest preservation, serving as a fundamental strategy to tackle biodiversity loss.
This policy rests on two essential pillars of environmental protection: preservationism, which treats nature as an end in itself without regard for potential economic benefits; and conservationism, which supports the sustainable use of natural goods and services in alignment with human needs and environmental conservation.
Special Protection Zones (Espaços Territoriais Especialmente Protegidos):
In Brazil, the designation of zones protected by public authorities emerged—albeit in a rudimentary form—during the imperial era, drawing on experiences from other countries, including the United States (considered pioneers for creating Yellowstone National Park in 1872). In Brazil, this practice was formalized in 1937 with the creation of Itatiaia National Park, located in the Mantiqueira Hills between the states of Minas Gerais and Rio de Janeiro.
However, the main legal provision that required the public authority to designate these areas was established in the 1988 Federal Constitution, in Article 225, §1, III, which states:
Art. 225. Everyone has the right to an ecologically balanced environment, intended for common use and essential to a healthy quality of life. It is the duty of the public authority and of collective effort to defend and preserve it for present and future generations.
§1. To ensure the effectiveness of this right, it is the duty of the public authority:
[...]
III – to define, in all units of the Federation, territorial zones and their components to be specially protected, with alteration or suppression permitted only through legal process, and any use that compromises the integrity of the physical attributes justifying their protection prohibited.
Based on this interpretation, we can conclude that special protection zones (espaços territoriais especialmente protegidos), safeguarded by the Constitution, are areas subject to a special management regime aimed at protecting biodiversity, natural goods and services, and any natural asset recognized by the public authority.
It is important to reinforce that ‘special protection zones’ represents a generic term that includes all territory specially protected, such as, and not only, the Legal Reserves (Reservas Legais) Permanent Preservation Areas (Áreas de Preservação Permanente), Biosphere Reserves (Reservas da Biosfera), and even Conservation Units (Unidades de Conservação).
The National System of Conservation Units (Sistema Nacional de Unidades de Conservação), Law No. 9.985/2000
In view of the need to regulate Article 225, §1, III of the Federal Constitution (as presented above), Law No. 9.985/2000 was enacted, establishing the National System of Conservation Units (Sistema Nacional de Unidades de Conservação). This system has been developing ideas and organizing debate since 1988. As a result, it created the Conservation Units, defined as:
Article 2, for legal purposes, is understood as:
I - Conservation Units: territorial zones and their natural resources, including jurisdictional water limits with relevant natural features, legally designated by the public authority for conservation purposes, under a special management regime, and subject to appropriate guarantees of protection.
The Conservation Units are part of a national system and can be created and administered by federal, state, and municipal governments. They are divided into two groups: Strict Protection Units (Unidades de Proteção Integral), focused on environmental conservation, where only the indirect use of their natural resources is legally permitted; and Sustainable Use Units (Unidades de Uso Sustentável), aimed at reconciling environmental conservation with the sustainable use of their goods and services.
Thus, the National System of Conservation Units established twelve categories of Conservation Units. Some of these existed previously, while others were newly introduced in national regulation. The table below presents the twelve categories and their main characteristics: group, purpose, ownership, possibility of public visitation, and permission for research.
This policy rests on two essential pillars of environmental protection: preservationism, which treats nature as an end in itself without regard for potential economic benefits; and conservationism, which supports the sustainable use of natural goods and services in alignment with human needs and environmental conservation.
Special Protection Zones (Espaços Territoriais Especialmente Protegidos):
In Brazil, the designation of zones protected by public authorities emerged—albeit in a rudimentary form—during the imperial era, drawing on experiences from other countries, including the United States (considered pioneers for creating Yellowstone National Park in 1872). In Brazil, this practice was formalized in 1937 with the creation of Itatiaia National Park, located in the Mantiqueira Hills between the states of Minas Gerais and Rio de Janeiro.
However, the main legal provision that required the public authority to designate these areas was established in the 1988 Federal Constitution, in Article 225, §1, III, which states:
Art. 225. Everyone has the right to an ecologically balanced environment, intended for common use and essential to a healthy quality of life. It is the duty of the public authority and of collective effort to defend and preserve it for present and future generations.
§1. To ensure the effectiveness of this right, it is the duty of the public authority:
[...]
III – to define, in all units of the Federation, territorial zones and their components to be specially protected, with alteration or suppression permitted only through legal process, and any use that compromises the integrity of the physical attributes justifying their protection prohibited.
Based on this interpretation, we can conclude that special protection zones (espaços territoriais especialmente protegidos), safeguarded by the Constitution, are areas subject to a special management regime aimed at protecting biodiversity, natural goods and services, and any natural asset recognized by the public authority.
It is important to reinforce that ‘special protection zones’ represents a generic term that includes all territory specially protected, such as, and not only, the Legal Reserves (Reservas Legais) Permanent Preservation Areas (Áreas de Preservação Permanente), Biosphere Reserves (Reservas da Biosfera), and even Conservation Units (Unidades de Conservação).
The National System of Conservation Units (Sistema Nacional de Unidades de Conservação), Law No. 9.985/2000
In view of the need to regulate Article 225, §1, III of the Federal Constitution (as presented above), Law No. 9.985/2000 was enacted, establishing the National System of Conservation Units (Sistema Nacional de Unidades de Conservação). This system has been developing ideas and organizing debate since 1988. As a result, it created the Conservation Units, defined as:
Article 2, for legal purposes, is understood as:
I - Conservation Units: territorial zones and their natural resources, including jurisdictional water limits with relevant natural features, legally designated by the public authority for conservation purposes, under a special management regime, and subject to appropriate guarantees of protection.
The Conservation Units are part of a national system and can be created and administered by federal, state, and municipal governments. They are divided into two groups: Strict Protection Units (Unidades de Proteção Integral), focused on environmental conservation, where only the indirect use of their natural resources is legally permitted; and Sustainable Use Units (Unidades de Uso Sustentável), aimed at reconciling environmental conservation with the sustainable use of their goods and services.
Thus, the National System of Conservation Units established twelve categories of Conservation Units. Some of these existed previously, while others were newly introduced in national regulation. The table below presents the twelve categories and their main characteristics: group, purpose, ownership, possibility of public visitation, and permission for research.
Source: Ana Stela Câmara in Brazilian Constitutional Environmental Law and Ecocentrism, pp. 175–177
The National System of Conservation Units law established norms and criteria for the creation and administration of Conservation Units, setting specific management requirements for each category with the primary aim of protecting nature and its environmental resources. These protected areas can be public or private, established solely by public authority (through law or decree), and any alteration or termination can occur only by law, ensuring a higher degree of legal security.
Regarding management, the federal Conservation Units—created by the federal government—are managed by the Chico Mendes Institute of Biodiversity Conservation (ICMBio), a member of the National System of the Environment (Sisnama). Conservation Units established by states or municipalities have their own management bodies.
The importance of Conservation Units
Conservation Units are essential for protecting biodiversity, and their benefits go beyond simple preservationism. They play a fundamental role in the development of scientific research (on fauna, flora, ecosystems, etc.) conducted by academic institutions, often in partnership with public authorities and non-governmental organizations. This type of use is permitted in all categories and strongly encouraged in some.
Sustainable Use Units offer the advantage of contributing to socioeconomic development, as they promote the management of natural goods and services in alignment with environmental conservation. The conservation-oriented administration of these zones creates opportunities for investment in sustainable economic models based on forest resources. This represents a fundamental path toward promoting sustainable development in tropical forest countries.
Sociocultural protection is another important contribution provided by Conservation Unit policies. Extractivism, for example, is humanity’s most ancestral mode of living, predating the development of agriculture. This traditional knowledge is not merely a practice focused on subsistence; it is a cultural pillar for the traditional populations who depend on environmental goods and services.
For this reason, the delimitation, management, and conservation of these units ensure the sovereignty of traditional communities over multiple cultural elements, as exemplified by Extractivist Reserves (reservas extrativistas). On the other hand, expelling people from their territories, adversely affecting their lifestyles, or allowing degrading economic activities in protected zones constitutes a direct violation of these populations’ fundamental rights and neglects their identity and ability to develop cultural practices in harmony with nature.
Regarding management, the federal Conservation Units—created by the federal government—are managed by the Chico Mendes Institute of Biodiversity Conservation (ICMBio), a member of the National System of the Environment (Sisnama). Conservation Units established by states or municipalities have their own management bodies.
The importance of Conservation Units
Conservation Units are essential for protecting biodiversity, and their benefits go beyond simple preservationism. They play a fundamental role in the development of scientific research (on fauna, flora, ecosystems, etc.) conducted by academic institutions, often in partnership with public authorities and non-governmental organizations. This type of use is permitted in all categories and strongly encouraged in some.
Sustainable Use Units offer the advantage of contributing to socioeconomic development, as they promote the management of natural goods and services in alignment with environmental conservation. The conservation-oriented administration of these zones creates opportunities for investment in sustainable economic models based on forest resources. This represents a fundamental path toward promoting sustainable development in tropical forest countries.
Sociocultural protection is another important contribution provided by Conservation Unit policies. Extractivism, for example, is humanity’s most ancestral mode of living, predating the development of agriculture. This traditional knowledge is not merely a practice focused on subsistence; it is a cultural pillar for the traditional populations who depend on environmental goods and services.
For this reason, the delimitation, management, and conservation of these units ensure the sovereignty of traditional communities over multiple cultural elements, as exemplified by Extractivist Reserves (reservas extrativistas). On the other hand, expelling people from their territories, adversely affecting their lifestyles, or allowing degrading economic activities in protected zones constitutes a direct violation of these populations’ fundamental rights and neglects their identity and ability to develop cultural practices in harmony with nature.
References:
Câmara, A. S. V. M. (2017). Brazilian constitutional environmental law and ecocentrism: A possible and necessary dialogue based on Klaus Bosselmann. Rio de Janeiro: Lumen Juris.
Federal Constitution of 1988. (n.d.). Retrieved from http://www.planalto.gov.br/ccivil_03/constituicao/constituicaocompilado.htm
Law of the National System of Nature Conservation Units, Law No. 9.985/2000. (n.d.). Retrieved from http://www.planalto.gov.br/ccivil_03/leis/l9985.htm
Rodrigues, M. A. (2019). Legal protection of flora. Salvador: Editora JusPodivm.
Sirvinskas, L. P. (2020). Environmental law manual (18th ed.). São Paulo: Saraiva Educação.
Câmara, A. S. V. M. (2017). Brazilian constitutional environmental law and ecocentrism: A possible and necessary dialogue based on Klaus Bosselmann. Rio de Janeiro: Lumen Juris.
Federal Constitution of 1988. (n.d.). Retrieved from http://www.planalto.gov.br/ccivil_03/constituicao/constituicaocompilado.htm
Law of the National System of Nature Conservation Units, Law No. 9.985/2000. (n.d.). Retrieved from http://www.planalto.gov.br/ccivil_03/leis/l9985.htm
Rodrigues, M. A. (2019). Legal protection of flora. Salvador: Editora JusPodivm.
Sirvinskas, L. P. (2020). Environmental law manual (18th ed.). São Paulo: Saraiva Educação.