Global Environmental Law at a Crossroads

Forests, Protected Areas and the Payment for Ecosystem Services: Reserva do Juma (State of Amazonas- Brazil)

Ceremonial Mootcourt Room

In the State of Amazonas, the Climate Change, Environmental Conservation and Sustainable Development Policy Act adopted by State Law n. º 3.135/2007 has created a Program called “Bolsa Floresta”. In a pioneering way, this program was established with the aim of starting the payment for environmental services and products to traditional communities for the sustainable use of natural resources, conservation, environmental protection and encouragement of voluntary policies to reduce deforestation. This Program of “compensation” - “Bolsa Floresta” - is divided into four types: a) “Bolsa Floresta” Family b) “Bolsa Floresta” Association c) “Bolsa Floresta” Social and, d) “Bolsa Floresta” Income. The type of “Bolsa Floresta” that is the best known program is the first one: “Bolsa Floresta” which provides the payment of a monthly quantum – "compensation" – equivalent to $ 30.00 (thirty American dollars) to families living in protected areas.

The aim of this study is to examine the implementation of this program, stressing its effects for social and environmental equity, as well as analyzing its legal implications. In order to achieve this goal, we had firstly study the theoretical implications of the payment for ecosystem services. Although there is a legal duty not to deforest areas of conservation, the establishment of “Bolsa Floresta” is an element encouraging conduct that would protect the forest and reduce the loss of forest cover, protection the water resources and ecological essential processes. On a second step we had analyzed the implementation of the PES at a conservation unit (protected area): the Juma Sustainable Development Reserve, where there are 44 communities with 378 families, 1,668 registered residents, 338 families benefited and 319 cards delivered (FAS, 2009). We had conduct a field research in Juma Sustainable Development Reserve in December 2011, that allowed us observe the strengths of the program, as well as that these traditional population depend on the forest to survive and that it is necessary to reduce poverty and improve social justice. We can affirms that the PSE may constitutes a way of retribution and environmental justice associated with biodiversity conservation, but for this it is necessary transparency and the population must be involved all along the process. Thus, periodical evaluation by independent researchers should be made to ascertain the level of awareness and participation of the traditional population involved and the benefits in terms of forest protection and social equity.