Presentation at the seminar "Legal Frameworks for Sustainable Development", held at FGV, during #Rioplus20. The seminar was held in partnership with the Centre for International Environmental Studies (CIES - The Graduate Institute, Genebra); Pace Law School (NY); the Brazilian American Institute for Law and the Environment (BAILE); the International Development Law Organization (IDLO); and the Center for International Sustainable Development Law (CISDL).

1. LEGAL FRAMEWORKS FOR SUSTAINABLE DEVELOPMENT
Legal Best Practices from the National and local
Levels in Brazil
FUNDAÇÃO GETÚLIO VARGAS
PRAIA DE BOTAFOGO, N. 190, 12. ANDAR, RIO DE JANEIRO
RIO+20 - JUNE 20, 2012

2. The Amazon has the largest hydrographic basin in
the world, with 7 million km², including Brazil and
neighbor countries. About 3,8 million Km² are in
Brazil.
The humidity generated at the Amazon is
perceived not only in the Amazon but also at south
of Brazil and Argentina. It also reflects the
weather in the United States (Florida) and Europe
(Spain). This phenomenon is called “flying rivers”.
General Details of the Brazilian Amazon
Area 5,217,423 Km2
Percentage 61% in Brazil
Municipalities 807
Percentage 15% of all Brazilian municipalities
Total inhabitants 21,056,532 people
Percentage 12.4% of all Brazilians
Density 4.14 inhabitant / Km2

3. Brazil CO2 Emissions by Sector
4%
5% Land Use Change and Forests
5% Fossil Fuels Burning - transport
Fossil Fuels Burning - industry
8%
Fossil Fuels Burning - other sectors
77% Industrial Processes
Fugitive Emissions
Waste Incineration
Source: adapted from MCT, 2010a. Second Brazil National Communication to the UN Framework
Convention on Climate Change, Brasilia; MCT – General Coordination on Global Climate Change

8. PREDICTED DEFORESTATION
SCENARIO 2001
2011
2021
2031
Soares Filho et al , Nature, 2006

10. Major Political Initiatives: National and Subnational
2003: Plan for the Prevention of Deforestation and Conservation of the Amazon (PPCDAm)
2007: Federal Government announces the Amazon Fund. It was established in 2008;
2008: Establishment of the GCF Task Force. Strong articulation with the Brazilian states;
2009: Brazilian Government starts to look into REDD;
National Climate Change Law was approved (Law 12.187) and regulamented by decree
7.390/2010.
 Target of 36.1% to 38.9% of the country’s projected emissions by 2020 = reduction of 1.2
G Ton CO2 by 2020, with baseline of 2005.
 Establishment of 12 policy instruments. Among them: PPCDAm and ABC Plan.
2010:
• Government of Acre: Implementation of SISA (Environmental Services System) and the
establishment of a MOU with California (USA) and Chiapas (MX);
2011 / 2012:
• Forest Code  still a question mark..
• Other subnational governments: Amazonas and Mato Grosso did public consultations for
the implementation of a local REDD Policy and an environmental services legislation;
• Brazilian National REDD Policy: still inexistent.. Currently under analysis at Senate and at the
House of Representatives. Ministry of Environment intends to
consolidate the efforts  no final decision yet..

11. Brazilian Deforestation Trend at the Amazon
 Deforestation rate in the Amazon versus the National GDP
Deforestation trend
Source: Brazilian Ministry of Environment

12. Brazilian Deforestation Trend at the Amazon
Observed deforestation
Simulated deforestation
Reference level
Deforestation at the Amazon (Km2/year)
Reduction target by 2020
Reduction observed until 2011
Reduction to be accomplished by 2020
Source: Brazilian Ministry of Environment

13. Brazilian National Plan for the Prevention of Deforestation
and Conservation of the Amazon (PPCDAm)
Source: Brazilian Ministry of Environment

14. Brazilian National Plan for the Prevention of Deforestation
and Conservation of the Amazon (PPCDAm)
 Chronogram of the implementation process (3rd Phase: 2012 – 2015)
1 – Elaboration of the Tree of Problems
2 – Meeting with the three sub-groups
• Foment of Productive Activities
• Land ownership ordering
• Monitoring and Control
3 – Meetings with the Civil Society and Amazon States
4 – Meetings at the states
5 – Consolidation of the final PPCDAm document

15. Brazilian National Plan for the Prevention of Deforestation
and Conservation of the Amazon (PPCDAm)
 Third Phase of PPCDAM: Problems Tree
Foment of Productive Activities Land ownership ordering Monitoring and Control

16. The Role of the Brazilian Subnational Governments
• ACRE: was the first Brazilian state to implement a state-wide legislation - SISA (Law
2.308/10) for the reduction of the carbon emissions caused by deforestation. Acre
signed a MOU with California and Chiapas for a closer cooperation;
• AMAPÁ: is currently in the process of elaborating a climate change policy;
• AMAZONAS: was the first mover. Implemented a climate change legislation (law
2.308/07), a pioneer agency (FAS) and project (Juma). Currently, the State is
working on the implementation of the Environmental Services Legislation;
• MATO GROSSO: is in the process of approving a state-wide REDD+ legislation and a
climate change policy
• PARÁ: the discussion on the implementing a state-wide policy on climate change is
inactive since 2009. There were recently changes at the Secretariat of
Environment, the perspective is to restart the discussions
• TOCANTINS: is in the process of reviewing its climate change policy

17. PARÁ: PPCD approved in 2009. AMAPÁ: PPCD approved in 2010.
Reduction of the deforestation by 80% with the baseline Commitments were not established
of 1996-2005were not established
TOCANTINS:
AMAZONAS: PPCD approved in 2009.
PPCD approved in 2008. Reduction of the illegal
Reduction of 38% by deforestation between
2010, considering the average 2009 and 2014;
of 1996-2005 (870 Km2) reduction between 75
, reduction of400 Km2 by and 80% of the
2012 and thereafter the deforestation until 3013
maintenance of the (Amazon biome) and
deforestation rate until 40% until 2020 of the
2020. Cerrado
ACRE: MATO GROSSO:
PPCD approved in 2009. PPCD approved in 2009.
Reduction of the Reduction of 89% by
deforestation by 82% with 2020 with average
the baseline of 1996-2005 by baseline from 1996-
2020, equivalent to a 2005. Reduction of the
deforestation rate of 105 Km RONDÔNIA: PPCD approved in 2009. deforested areas by
Reduction of the deforestation gradually until zero by 2012
zero deforestation by 2015, starting from 2010

18. Governors’ Climate and Forest Task Force (GCF)
Visit: www.gcftaskforce.org

19. REDD+
 What is REDD+?
“Reducing Emissions from Deforestation and forest
degradation in Developing countries.”
• Basic concept: Compensate countries / subnational governments that
are able to reduce CO2 emissions from deforestation and forest
degradation
 What can REDD+ generate?
• Voluntary contributions to reduce global CO2 emmissions
• Change to the economic model
• Historic justice to the population that have been living at the
forests, preserving it
• Reduce poverty
• Preserve the forest

20. Critical Aspects
 Inexistance of a legal framework or norms. Such aspect
brings incertenty, expectations and vulnerability to all
involved entities: local communities, indigenous
groups, private sector, etc.
 Proliferation of REDD+ projects with different
methodologies and baselines: as consequence we have a
higher level of dificulty to mesure the real impact of
allprojects and to integrate to a national system. This is the
“chickenpox” approach, which should be avoided.

21. The Challenges of Integrating National and
Subnational Policies
1. Harmonization of the compromises assumed for the reduction of the
deforestation at the subnational and national levels
2. “Nested Approach,” including the integration of voluntary initiatives to the
national strategy
3. Efficient end effective mobilization of financial resources, such as the Amazon
Fund
4. Establishment of a carbon market, integrating REDD to agriculture products /
commodities
5. Alignment of public policies: agriculture / environment / mining / infrastructure

22. REDD+ Strategy for the Amazon Region
 “Nested approach”: Subnational programs
that are connected to a national policy:
 Centralized legislation
 Socio-environmental safeguards
 monitoring reporting and verification
(MRV)
 Distribution of benefits: local population /
land owners / indigenous groups, etc.
 Low carbon emissions economy
 available in Portuguese and
English at www.ipam.org.br

23. International Negotiations…. Rio+20, COP…
We came up
with an
international
agreement!!

24. Thank you.
Bernhard J. Smid
Instituto de Pesquisa Ambiental da Amazônia – IPAM
Amazon Environmental Research Institute – IPAM
www.IPAM.org.br
Twitter: IPAM_Amazonia
BJSmid@ipam.org.br
Twitter: BSmid