Protection of the Soil Resource in the Brazilian Environmental Legislation.

Brazil has been a focal point of the global environmental debate because of its large territory and diverse natural resource base, a large part of which is still mostly pristine. Past and present threats to the Atlantic and Amazonian rainforests and other biomes such as the Brazilian savanna (the Cerrado) and the grasslands (part of the South American Pampas) by human encroachment and haphazard land development, especially the expansion of livestock and grain/biofuel production, have sparked widespread concerns about mounting soil and water degradation and loss of biodiversity.  As a response to these ensuing risks of environmental degradation, comprehensive legislation has been enacted at the federal level to protect ecosystem services, with greater emphasis in waters and biodiversity.

The recent revision of the Brazilian Forestry Code (BFC), Law 12757/2012, in spite of the name, clearly established an Environmental Law that stands out as an overarching legislation dealing with terrestrial (and some aquatic) ecosystems as well as land tenure. BFC contains conservation provisions that affect both private and publicly-owned land, not only remaining vegetation fragments, but also extending onto farmed land. The word “solo” (soil) appears 40 times in the 82 articles that comprise BFC, in most instances with associated with “protection” or “sustainable use”. The soil resource has been historically treated in an offhanded manner in Brazilian legislation, but more recently some Brazilian states have advanced supplemental legislation (known  as Leis do Solo – “Soil Laws”) addressing specific conservation and management issues to safeguard this key resource for future generations.