Compensação de reserva legal em unidades de conservação: estudo de caso da Reserva de Desenvolvimento Sustentável do Rio Madeira/ Amazonas

Abstract

This dissertation constitutes a Case Study that focuses on the mechanism of Legal Reserve compensation through the donation to the public authorities of areas located within publicly owned Conservation Units, still pending land regularization, in the Sustainable Development Reserve of Rio Madeira. The initial approach comprehended the Brazilian land tenure panorama from colonial occupation to contemporary times. A detailed understanding of the legal instruments employed in the land regularization of state Conservation Units (UCs) was sought. Through literature review and analysis of publications from the State Government of Amazonas, it was identified that the territorial regularization of UCs emphasizes the prioritization of use and permanence of Traditional Peoples through the granting of Certificates of Real Right of Use (CDRUs). The consultation conducted with the State Environmental Secretariat of Amazonas (SEMA) revealed over a dozen processes in which applicants request a Certificate for the purpose of Legal Reserve compensation in Conservation Units. The data obtained from SEMA indicate a limited interest from property title holders in utilizing Legal Reserve compensation in UCs. This phenomenon may be attributed to the strict legislation guiding property and owner documentation in the certificate granting process, associated costs of obtaining the necessary documentation, or the fragility of existing property titles. These factors may be contributing to the relative scarcity of requests for Legal Reserve compensation in these conservation areas.