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Journal of Ecology & Natural Resources Research Article 52 min read

Legal Pillars to Agroforestry Management of Juçara Palm (Euterpe edulis Mart.) in the Atlantic Forest Biome

Meier M*, de Mattos DB, Mujalli D, Pinheiro NZ and Ridolfi ARC
* Corresponding author
ISSN: 2578-4994  10.23880/jenr-16000295  Received: July 18, 2022  Published: August 02, 2022
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Keywords
Atlantic Forest Agroforestry Euterpe edulis Environmental Legislation
Abstract

Several families and communities depend on tropical forests while making the sustainable use of plants, including planting and managing them, contributing to their conservation. The Atlantic Forest biome originally occurs, totally or partially in 17 states of the Brazilian territory. Since colonization by the Portuguese, the biome has suffered and still suffers from severe changes in its ecosystems composition, especially due to the loss and fragmentation of habitats. Today the remnants of native vegetation are reduced to less than 20% of their original cover and are in different stages of regeneration. Even reduced and very fragmented, it is estimated that in the Atlantic Forest there are about 20,000 plant species (about 35% of the existing species in Brazil), including several endemic and endangered species, which gives the Atlantic Forest the status of “hotspot for biodiversity” being among the areas of the planet with the highest priority for biodiversity conservation. In relation to the Juçara Palm (Euterpe edulis Mart.), historically, the irresponsible use of the strain as a wood product (wood and meristem) was conflicting and today it has legal restrictions with the inclusion of the species in the threatened list, implying legal and bureaucratic complications for its use. This situation makes communities that use the species in a sustainable way, end up being the target of the command control imposed by the State Environment Organizations, which in a perspective of preserving the species, penalize the traditional management. The need to prepare a Management Plan, at a very complex technical level, discourages families from using the species economically. The regulation must create processes that, as foreseen in the legislation, simplify the bureaucratization around the management for family farmers and traditional populations. This document brings the pillars of agroforestry management of Juçara Palm for agroforestry development in Brazil.

Introduction

The regulation of actions that involve environmental issues and the coexistence of populations with nature should dynamize the environmental legal system to bring federal, state and municipal legal instruments into line to provide legal certainty both for environmental agents of State environmental agencies, as for the populations that make use of forests and agroecosystems and agrobiodiversity [1, 2, 3]. Regarding the management of Juçara Palm (Euterpe edulis Mart.), historically, the irresponsible use of the strain as a wood product (wood and meristem) was conflicting and today it has legal restrictions that make it difficult to market its products and by-products (xxxxxxx). This situation, as with other native forest species, brings insecurity for farmers who practice sustainable extractivism in a traditional way in relation to the use of Juçara Palm, both for timber products, but mainly for non-timbers [2]. The need to prepare a Management Plan, at a very complex technical level, discourages families from using the species economically. The regulation must create processes that, as provided for in the legislation, simplify the bureaucratization around management for family farmers and traditional populations [2, 4, 5]. The regulation of the management of Juçara Palm, in turn, must consider three fundamental points: the regulation must guide the collection of fruits in areas of common use and in areas of environmental restriction (such as APPs and RL and even within Conservation); must consider the fact that in certain years there is a shortage of fruits, in a kind of seasonality similar to that of coffee [6], and sustainable extraction of the fruits must be considered without prejudice to the maintenance of the activity and the ecosystem [4]; and that the State should encourage the sustainable use of socio-biodiversity fruits Brasil [7] in order to strengthen the sovereignty and food security of family farmers, contributing to the conservation of the Atlantic Forest through use [2].

This article is part of a process of continuous construction

Figure 1: Original size and location of the Atlantic Forest Biome in Brazil (a) and a glance at the current situation due to hundreds of years of deforestation (b).
Click to enlarge
Figure 1: Original size and location of the Atlantic Forest Biome in Brazil (a) and a glance at the current situation due to hundreds of years of deforestation (b).

(a) of knowledge about the State of the Art of Agroforestry Systems, Sustainable Silviculture and Non-Timber Forest Products – PFNM, and now with a specific focus on the Juçara Palm (Euterpe edulis Mart.). This reality that emerges from the diverse agroecological experiences articulated in regional and national networks, demonstrates the robustness how important it is for the Brazilian State to accompany this process of collective construction to contemplate society’s expectations and to provide bureaucratic celerity to guarantee legal security to civil servants to be authorize and farmers to manage their agroecosystems [7, 8, 9, 10, 11, 12, 13, 14, 1, 2]. The objective of this article is through extensively bibliographic and legal mechanisms review contribute to the legal basis for the management of the Juçara Palm (Euterpe edulis Mart.), a key species of the sociobiodiversity used by traditional family farmers and communities who, from a perspective of preserving the environment, survive using ecosystem services without harming the ecological functions of the areas, conserving through use and agroecological management [1].

Contexts

Environmental Context

Atlantic Forest Biome

The Atlantic Forest Biome comprises the following native forest formations and associated ecosystems: Dense Ombrophilous Forest; Mixed Ombrophilous Forest, also called Araucaria Forest; Ombrophilous Open Forest; Seasonal Semideciduous Forest; and Seasonal Deciduous Forest, as well as mangroves, restinga vegetation, high altitude grasslands, inland swamps and forest enclaves in the Northeast [15, 16].

(b) Figure 1: Original size and location of the Atlantic Forest Biome in Brazil (a) and a glance at the current situation due to hundreds of years of deforestation (b).

The Atlantic Forest biome originally occurs, totally or partially in 17 states of the Brazilian territory (Figure 1a). Since colonization by the Portuguese, the biome has suffered and still suffers from severe changes in the ecosystems that compose it, especially due to the loss and fragmentation of habitats. Today the remnants of native vegetation are reduced to around 22% of their original cover and are in different stages of regeneration. Only about 7% are well preserved in fragments above 100 hectares [17].

Even reduced and very fragmented (Figure 1b), it is estimated that in the Atlantic Forest there are about 20,000 plant species (about 35% of the existing species in Brazil), including several endemic and endangered species, which gives the Atlantic Forest to be among the areas of the planet with the highest priority for biodiversity conservation, being one of the “hotspots”, that is, one of the richest areas in biodiversity, with a high number of endemic and most threatened species in the world [2, 16].

In forestry promotion projects for the recovery of degraded areas of the Atlantic Forest, it is important to pay attention to the multiple-use species, which provide the intrinsic ecosystem services of each species, in addition to providing timber and non-timber resources. For species of multiple uses, the management and exploitation plan may include phases for obtaining different products and optimizing the use of their services. For example, a species with fruits and wood of economic interest that is also widely used by the fauna: this can be managed in order to exploit the fruits for years, considering that part of them must be left for use by the fauna, and after the end of their reproductive life being managed to obtain wood [9, 11, 18]. Protected areas: Conservation Units – UCs; Permanent Preservation Areas (APP) and Legal Reserve (LR) Defined by law, the UCs, APP and LR, have use restrictions due to their importance for the conservation of the environment and maintenance of ecological functions of sensitive areas such as springs, water courses water or even steep ravines or hill tops [19, 20, 21]. The areas surrounding protected areas are generally populated by family farmers and traditional communities. According to Neumann & Hirsch [8], forest conservation will only be successful with the inclusion of local communities in decision-making, and for successful conservation projects and reconnectivity between fragments, sociocultural and economic factors must also be present.

This reality is based on several experiences recorded in books and scientific articles, from an agroecological perspective, they promote managements that protect ecological functions even in areas of alternative use, where they transform their properties and agroecosystems into wildlife refuges with microclimates extremely favorable to very high diversity of fauna and flora, characterizing greater resilience to the environment [6, 10, 14, 22, 23, 24, 25]. Agroforestry systems (AFS) in protected areas and areas of alternative use AFS can be defined as forms of land use or management, in which tree species (fruit and/or timber) are combined with agricultural crops and/or animal husbandry, simultaneously or in a temporal sequence and that promote economic benefits and ecological. Thus, it is possible to combine production and environmental protection in the same area, even allowing the maintenance and expansion of ecological corridors outside the UCs [10].

Regarding the management of AFS, pruning, the organization of biomass and even the slaughter of senescent individuals, in a kind of dynamics of clearings (Figure 2), when performed with technique and criteria based on succession, prove to be responsible for the acceleration of several processes that, in a natural environment, require a lot of time and the work of many other living beings [10].

With the approval of the Atlantic Forest Law in 2006 (11428/2006), and the New Forest Code in 2012 (12651/2012), agroforestry production in small rural properties is considered an activity of social interest with low environmental impact that can be carried out in Permanent Preservation Areas (APP) on family properties or possessions or by traditional peoples and communities.

In addition, the Forest Code (2012) defines that “planting of exotic trees, cultivated in an interim system or in consortium with native species of the region in agroforestry systems” can be computed as part of the Legal Reserve (RL) of small properties, or communal lands as long as the limit of up to 50% of exotic species is respected.

Thus, the set of laws related to agroforestry practice has focused on the guidance and regulation of these systems as a form of forest recovery and in preservation areas, such as the Permanent Preservation Areas (APP) and Legal Reserve (RL). In 2013, a Decree (12854/2013) was launched that encourages the implementation of Agroforestry Systems by Family Farming for the recovery of degraded areas.

Figure 2: The dynamics of clearings and ecological succession (a) should be incorporated as guiding principles of policies and programs to promote sustainable production systems with the intentional use of agroforestry strata (b).
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Figure 2: The dynamics of clearings and ecological succession (a) should be incorporated as guiding principles of policies and programs to promote sustainable production systems with the intentional use of agroforestry strata (b).

(a)

(b) Figure 2: The dynamics of clearings and ecological succession (a) should be incorporated as guiding principles of policies and programs to promote sustainable production systems with the intentional use of agroforestry strata (b).

Juçara palm (Euterpe edulis Mart.) Euterpe edulis, described for the first time in 1894 by the botanist Friedrich Phillip Von Martius, is the scientific name of a species of the plant group of Palm trees, a name popularly attributed to the plants of the botanical family Arecaceae (currently) Palmaceae, of the Order Arecales [26, 27]. Ancient taxonomists classified Euterpe espiritosantensis as similar to E. edulis, but both continue to be identified as different species [28].

The species occurs naturally from the south of Bahia to the north of Rio Grande do Sul and receives different popular names being recorded: juçara palm, açaí, southern açaí, juçara, jussara, içara, sweet palm, juçara palm, jussara palm, ripeira, clapboard, palm heart, sweet palm heart, red heart of palm, white heart of palm, ensarova [10, 26, 29, 30]. It occurs in forest phytophysiognomies as well as in areas with a microclimate characteristic of ombrophilous formations, usually in caves and close to water courses [23, 27].

It is necessary to consider that, based on the theory of exception formations [31], the Atlantic Forest may be present in other regions of Brazil, in a geomorphological perspective, which, possibly, will provide conditions for the occurrence of settlements in Juçara, when they are not being introduced, according to reports of occurrence in Goiás, Distrito Federal and Mato Grosso do Sul even in pindoramas.

Unlike its sister species, the Açaizeiro (Euterpe oleraceae), which is widely exploited by traditional communities in the north of the country, the Juçara Palm does not sprout, being of a single stem, causing the death of the palm if it is cut. The predatory extraction due to the high value of its palm heart, target of the Palmiteiros, who without conservation concern cut the trees without management, caused the population of Juçara Palm to be drastically reduced throughout the biome, mainly in the regions of the Brazilian States of RS, SC, PR, SP, RJ and MG. In an attempt to control this situation, the Juçara Palm was included in the list of endangered species of the Ministry of the Environment.

In natural populations, it has a pyramid-shaped demographic structure, with many young individuals (about 70%) and few adults (0.3%) [32]. It is classified as an initial secondary species and of extreme importance in the forest dynamics, as it attracts the fauna that disperses seeds of other species, presenting high levels of interaction with animals, considering that its fruits serve as food for birds of different orders and mammals such as rodents, marsupials, primates and bats [9, 32] (Figure 3).

The seeds are recalcitrant and do not tolerate excessive dehydration. Each seed can weigh from 2 to 5 grams with a single bunch having more than 2 thousand seeds. The viability is high, being around 80% in natural environments with adequate conditions (shade, humidity, soil with organic matter). The large number of flowers with large amounts of floral elements, nectar and pollen makes the juçara to be visited by a wide range of insects, highlighting the orders Diptera (flies), Hymenoptera (wasps), Coleoptera (beetles), and Lepdoptera (moths) [33]. As pollinators and dispersers of fruits and seeds start to colonize the areas where the palm occurs, it becomes a key species in the ecological succession, contributing to the gene flow of other species [9].

The Juçara palm allows multiple uses both as products and in the provision of ecosystem services [10]. As environmental sustainability: promotes the recovery and conservation of the Atlantic Forest; serves as food for wild fauna and attraction for pollinators, compatible with agroforestry systems, component of recovery of spring and spring areas and permanent preservation and legal reserves [10, 21, 23, 34, 35, 36].

Figure 3: Juçara Palm (Euterpe edulis Mart.) with flowering bunches and fruits. (adapted from Benjamin Cardenas Valderrama – https://br.pinterest.com/ pin/542613455111621157/, visited 2022).
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Figure 3: Juçara Palm (Euterpe edulis Mart.) with flowering bunches and fruits. (adapted from Benjamin Cardenas Valderrama – https://br.pinterest.com/ pin/542613455111621157/, visited 2022).

Social context

Family farmers, foresters and extractivists

For this document, considering Law No. 11,326 of 2006, which establishes the guidelines for the formulation of the National Policy on Family Agriculture and Rural Family Enterprises, foresters, extractivists and family farmers will be taken as a reference for this work, since this segment of society Palm is used generally for subsistence and local marketing, and collecting products from areas of forest remnants, usually in permanent preservation areas and close to Conservation Units, however supported by legislation due to the consequent low environmental impact.

Inhabitants of forest areas and their surroundings are largely dependent on and use forest products for their own use or as a main or complementary source of income [18]. The organization of rural peoples and communities to disseminate sustainable management practices is a strategy to raise awareness among communities and an alternative for generating income that contributes to the repopulation of Juçara Palm [40]. Planting seedlings in areas with agroforestry practices and valuing the standing forest acts as a strategy for conserving the Atlantic Forest biome [1, 10, 40].

The benefits of using the fruits are seen in the immense potential for economic use of the forest, as well as in the desire of traditional populations to sustainably manage natural resources. Comparing the non-timber forest products of the species, between palm hearts and fruits, in terms of value, it is more economically viable to manage and harvest the fruits than to extract palm hearts [10, 23, 41, 42]. Both palm heart and fruits are considered non-timber forest products with the difference that palm heart extraction kills the palm. The juçara has, inside the upper part of the stem, a palm heart of excellent quality, which also contributed to the fact that the palm was cut down to exhaustion, making it enter, for some years now, on the List of Endangered Species of Flora. Producers and trading companies The states that started the industrial exploitation of palm hearts were Santa Catarina, Paraná and São Paulo in the 40’s, with the installation of several agro-industries that functioned as centralizing poles of raw material coming from natural areas of occurrence without the slightest environmental or environmental concern controlled management. With the decrease in the supply of raw material in the region, some broke and others migrated to the north to exploit the Açaí (Euterpe oleraceae). Even so, illegal palm trees still continue to exploit the cutting of palm hearts and supply to restaurants and inns that take advantage of the low cost, even entering conservation units as in the case of the Itatiaia National Park.

Encouraging fruit management, instead of palm hearts, can contribute to the resolution of socio-environmental conflicts within and around Conservation Units, maintain the species, reducing pressure on it, stimulate natural regeneration, cultivation in agroforestry systems and repopulation [43]. Values ​attributed to the meristem (palm heart) of Juçara are around R$5.00 per 70 centimeter heart of palm weighing around 400g, being necessary to slaughter the individual. For the same individual focusing on fruit production, each year, on average, we can obtain 4 kg of fruit and sell it at an average of R$0.75 per kilogram, which can be collected [37].

Processing the fruit pulp has been pointed out in several studies as an important strategy for the conservation of the species and native forests, in addition to the potential for food security and an alternative income generation for rural communities and traditional peoples of the Atlantic Forest [44, 45]. But for this, it is necessary to develop a repopulation plan for sustainable management, since the establishment of Juçara plant species crucially depends on where the seeds are deposited. A study carried out in São Paulo showed that the development of seedlings and seedlings of Juçara was five times greater when intercropped with banana trees than in plots within forests, which indicated great potential for management in agroforestry consortia [23].

In this sense, Agroforestry Systems (SAFs) are configured as efficient arrangements for conducting local biodiversity linked to economic exploitation, with Juçara being a key species between the conservation of the Atlantic Forest and diversified production [2, 6, 10, 24, 46, 47]. Planting and management of agroforestry systems with Juçara Palm.

The behavior of Juçara Palm is to have localized dispersion, but the survival of seedlings until adulthood drops significantly, and even with a large dispersion of seeds, not all of them are successful, either due to lack of environmental conditions or even from predator attacks. of seeds and seedlings [23, 34, 45]. Juçara’s life strategy is intense fruit production, in order to form a seed and seedling bank that overcome these adversities, waiting for favorable conditions of light to develop.

Considering planting, good results have been observed in the south of the country, planting Juçara Palm in banana plantations together with other native trees, diversifying and making these systems more complex. At a more complex level, in Vale do Ribeira, COOPERAFLORESTA, a cooperative formed by 130 agroforestry families with their systems based on natural succession with complex production environments, or also called in the literature as SAFRA Agroforestry Regenerative Analog System, in which Juçara is always present in the arrangements.

The sustainable management of Juçara is justified because it is the species with one of the most abundant and valuable non-timber forest products in the Atlantic Forest [41, 43]. Among its various products and uses after harvest, we can highlight: the stem (strain), which provides wood, used for crafts, construction, furniture making, gutters, roofs and coverings; fruits, such as pulp (in natura (juice and pulp) and frozen pulp), other products such as pigments, for making medicinal, cosmetic and culinary products; oils; seeds for biojewels, no-tillage and broadcast sowing, seedlings for landscaping and planting of repopulations; fibers, leaves and bunches in the manufacture of brooms and covers, crafts (paper, basket, lamp, lamp, table support, etc.); flower (honey and pollen).

In the State of Minas Gerais, the focus of the work of the Polo Guará, participant pole of the Juçara Network (Rede Juçara – REJU), since 2013 works with the sustainable management of Juçara Palm and has been encouraged based on the experience of farmers from the Pereiras and Destero communities that are located in the buffer zone of the Serra do Brigadeiro State Park. These communities have been planting Juçara Palm since before the park was created, making and selling seedlings, in addition to having Juçara Agroforestry Systems intercropped with coffee and other crops of interest such as pineapple, corn and sweet potato. These communities are examples of guardians of a variety of Juçara, characteristic of the region, having a “fatter” base, early fruiting (4 to 6 years) and lower bunches Figure 4.

Figure 4: ** Social context associated with the planting and management of Juçara Palm in the production of seedlings (a), agroforestry systems (b), protecting biodiversity (c), involving the community (d), with exchanges (e) and production of açaí (f).
Click to enlarge
Figure 4: ** Social context associated with the planting and management of Juçara Palm in the production of seedlings (a), agroforestry systems (b), protecting biodiversity (c), involving the community (d), with exchanges (e) and production of açaí (f).

(a) (b)

(d) (e) (f) Figure 4: Social context associated with the planting and management of Juçara Palm in the production of seedlings (a), agroforestry systems (b), protecting biodiversity (c), involving the community (d), with exchanges (e) and production of açaí (f).

Good Management and Processing Practices: In terms of fruits more specifically, in the Good Management Practices, four categories of bunches (infructescence) are defined, which form the basis for the harvest parameters: 1) Good bunches: with fruits considered to be of quality for pulp production and adequate maturation (more than 90% of the fruits in the craft); 2) Red bunches: Fruits with quality, adequate maturation but not yet reached the ideal point; 3) Green bunches: which are bunches with irregular (heterogeneous) maturation, usually with 30% to 70% of green and/or red fruits and the rest ripe to the point of falling off or being consumed by the fauna; 4) Anthracnose bunches: bunches with the presence of anthracnose (Colletotrichum gloeosporioides) in the fruits with an incidence greater than 50% [48].

These precautions at harvest time provide better quality of fruits and bunches, as there are risks attributed to green and red fruits, related to loss of quality and lower pulp yield; while contaminants such as bird feces and insects in bunches are a risk to the quality and conservation of the product [48].

As for handling, the Good Practices to be adopted in the fruit pulp processing unit are intended to guarantee hygienic-sanitary conditions and compliance of the pulp with sanitary legislation. They should consider: Cleaning products (types of product, indications and cleaning frequency);

(c)

Mandatory steps in the environmental hygiene process; Hygiene and health of handlers (Aesthetics and Cleanliness, standardization, hand hygiene, operational hygiene, habits); Measures in case of injuries and health problems; Preventive measures (combat of vectors and urban pests); waste management (dry waste and organic waste) [48].

Establishments must consider the Standard Operating Procedures (SOPs) that aim to establish the operations necessary for cleaning in the areas of reception, handling, processing, partitioning, packaging, freezing and circulation of the processing unit regarding: Facilities, Equipment and Utensils (floors, drains, walls, countertops and installation surfaces, sinks and vats, stove, pulper, electronic scale, pedal sealer, freezers, lining and fetus, light fixtures); Water quality control (water tank disinfection and biannual analysis of water samples); hygiene of handlers (washing and asepsis of hands); Waste Management (organic and dry) [48].

Despite the change at the federal level, the Law was maintained and the collection of non-timber forest products, such as fruits, lianas, leaves and seeds, remained free, observing: I - the collection periods and volumes set in specific regulations, when; II - the period of maturation of the fruits and seeds; III - techniques that do not jeopardize the survival of individuals and the species collected in the case of collecting flowers, leaves, bark, oils, resins, lianas, bulbs, bamboos and roots [21].

Bringing legal certainty to the processes and actions listed in this article, it is also described in the Decree that regulates the Atlantic Forest Law, in its art. 28, which specifically regulates the activity of collecting forest by-products, saying that, at the time of collection, criteria related to periods and volumes, techniques that do not jeopardize the survival of the individual or the species collected and the maintenance of the functions relevant for feeding, breeding and sheltering wild flora and fauna. What we call Good Practices [37].

These Good Practices must include health legislation. They are: Ordinance of the National Health Surveillance Agency (ANVISA) No. 1428 of 1993, which presents the technical regulation for food sanitary inspection, guidelines for establishing good practices and production, (...).; ANVISA Ordinance No. 12 of 2001, which provides for microbiological standards; ANVISA Resolution No. 23 of 2000, which provides for the Basic Procedures Manual for the Registration of Food Products; Federal Law No. 8918 of 1994 and Decrees No. 2314 of 1997 and No. 3510 of 2000, which provide for and regulate the standardization, classification and inspection of beverages; and Normative Instruction No. 01 of 2000, which provides for the identity and quality standards for fruit pulp [37].

Paths to Legally Enable Sustainable Management of Juçara Palm

In terms of social sustainability, we can associate social inclusion, protagonism, income generation, spiritual and cultural value, in addition to scenic beauty in the landscape and socio-environmental identity, classified as cultural ecosystem services. Rural populations and especially traditional populations such as caiçaras, quilombolas, indigenous peoples and caboclos, in addition to family farmers, extractivists, floodplains, have their culture, beliefs and ways of life associated with cultural ecosystem services [49].

For the elaboration of minutes and rules of procedure related to the sustainable management of the Juçara Palm, it is pointed out that there are significant differences between Euterpe in relation to the area of ​occurrence, but very great similarities in the appearance of palm trees, with the exception of Açaí do Norte (Euterpe oleraceae) that tillers.

The genus Euterpe has seven speceis described Lorenzi [26] within the scope of the Atlantic Forest biome, Euterpe espiritosantensis is confused with E. edulis, and its distinction in the field is very difficult, incurring all Euterpe spp. that do not share the popular name of Juçara Palm, Palmito Doce, Palmito, Palmiteiro, among other popular denominations.

This, when inspecting and managing in the field, becomes an issue to be considered as relevant for further study.

The procedure for regulating the management of the Juçara Palm (Euterpe edulis Mart.) must consider that, unlike the rest of the Euterpe, it is on the List of Endangered Species recently updated by the Ordinance of the Ministry of the Environment Nº443 of December 17, 2014. In it, Euterpe edulis is in the Vulnerable, which allows the elaboration of sustainable management plans. Considering that there is no National Action Plan for the Conservation (PAN) of Juçara Palm, which would initially present the indicated measures to be followed for management, there is a gap to be filled for the conservation of the species [50].

Its flowering and fruiting occur at different times for each bunch and as it has more than one fruiting bunch per individual, the production is large and spaced. In Santa Catarina, production of 4.2 bunches of flowers was observed in individuals, with an average of 103 rachillas, male and female flowers in the proportion 3:1 [35]. There is a pattern of variation in reproductive phenological events associated with altitude and latitude, in addition to the relationship between flowering times and fruit maturation, which depend on the flowering season [29, 51, 52].

The sustainable management of Juçara Palm both in SAFs and in native areas must follow criteria in the elaboration of a management plan that considers: the size and access of the area; population density (reproductive individuals), maintenance of gene flow (latu sensu matrices), food stock for fauna; exclusion of harvesting areas (preferred faunal habitats); exclusion of individuals (random or selective); exclusion of bunches (selective or not): anthracnose, verdolengos, etc.; fruit fall to the ground: harvest, rain, winds, birds, etc.; exclusion of certain harvest periods in the crop (eg beginning or end). Consider the existence or not of other fruiting species throughout the season [53].

In view of the commercialization of products and by- products, there are significant restrictions on management, especially where there are already stands of palm trees in areas of remnants close to water courses (places where the species has resisted, expressing the characteristic of occurring in wetlands), which according to the Law are areas that must be kept preserved as APPs.

When necessary, the Management Plans and Technical Projects for Flora Restitution (PTRFs) should provide for the management of Palm trees in Legal Reserve areas, forest remnants and even in permanent preservation areas [54, 55]. The use of agroforestry systems (SAFs) in these areas is also provided for in Law No. 12,853 of August 26, 2013 and presents a promising proposal for the use of native trees by producers, diversifying the areas into productive systems that provide ecological functions [56].

To this end, promoting sustainable management of Juçara should make use of CONAMA Resolution No. 429 of 2011 on APPs recovery methodologies, which in its art. 5 § 5 admits, as a practice to support recovery, the intercropping of native perennial species that produce fruits, seeds, nuts and other plant products, and their use for sustainable non- timber extraction is permitted [57, 58, 59, 60].

It is important to present the distinction when dealing with simplifications of the bureaucratic procedures provided for in the Legislation for traditional peoples, quilombolas and family farmers, among others, who, according to Federal Law nº 11.4326 of 2006, do not have an area larger than four fiscal modules, use predominantly own family labor in the economic activities of your establishment or enterprise and have a minimum percentage of family income originating from economic activities of your establishment or enterprise [61, 62, 63].

Family farming must be based on the perspective of the use of forest resources, where CONAMA Resolution No. 425 of 2010 is considered [64], which provides for criteria for the characterization of agricultural activities and enterprises of family farmers, peoples and traditional communities as of social interest for production, intervention and recovery of APPs. And others of limited use.

CONAMA Resolution nº 369 of 2006 must also be used, which considers environmentally sustainable forest management to be of social interest, which does not detract from the native vegetation cover, or impedes its recovery and does not harm the ecological functions of the areas, together with the Deliberation COPAM normative nº 76 of 2004 where the intervention for the suppression of native vegetation in APPs may be authorized in case of public utility or social interest [65]. All these regulations, despite being old, are legally valid since they are not tacitly contrary to the changes to the Forest Code in 2012.

There is a need for a rule that simplifies the Plans for the Sustainable Exploitation of Non-Timber Products so that family farmers have access to such activity, since it incurs the Biodiversity Framework, by Law Nº 13123/ 2015, in addition to Decree Nº. 43710/2004 that legislates and regulates the National System of Seeds and Seedlings, referring to issues of registration and use of genetic heritage related to the sociobiodiversity of the Atlantic Forest [66].

In MMA Ordinance Nº 443/2014, Juçara Palm is on the list of endangered species in the Vulnerable category (VU), however, it allows its sustainable management based on a Management Plan that is in accordance with the risk assessment of the species and presents the management in accordance with research, forest inventory or monitoring data that support decision-making on the use and conservation of the species.

More specifically on handling, the provisions are considered: in Article 20, of the Forest Code, which provides for the sustainable management of the Legal Reserve [66], selective logging practices in the modalities of sustainable management without commercial purpose for consumption on the property and sustainable management for forest exploitation with commercial purpose; in Article 21 on the free collection of non-timber forest products, such as fruits, vines, leaves and seeds; in Article 22 on sustainable forest management of the Legal Reserve’s vegetation for commercial purposes, subject to authorization from the competent body; and finally in Article 23 where sustainable management for eventual forest exploitation without commercial purpose, for consumption on the property itself, does not require authorization from Organs competent bodies, and must only be previously declared.

The management of the Juçara palm, for harvesting its fruits, can be classified as an economic activity of sustainable basis and of social interest, which adds value to this forest resource typical of the humid areas of forests of the Atlantic Forest and makes it possible to increase the diet of the population. family or perennial income to rural producers in the Biome.

The management of Palmito Juçara palm trees to harvest their palm heart or stem can be classified as an economic activity with a sustainable basis, while a Sustainable Forest Management Plan is prepared together with the PTRF when it is the case of decomposition of degraded areas. The Sustainable Forest Management Plan is understood as selective exploitation, according to the growth cycle of each pindorama, through selective cutting of individuals within the parameters of size and age of the Palm tree, considering the dynamics of growth and increment of individuals by diameter class to be inventoried by sensing (count of all individuals above 5 cm in diameter).

Pragmatically, to contemplate the need for an instrument, tool or registration/declaration system for the Management of Juçara Palm, we will consider the provisions of Federal Decree No. general rules for Environmental Regularization Programs, with the additions of Federal Decree Nº. 8235/2014, in order to make bureaucracy viable and based on the basis declared in the CAR.

The terms of Article 2 of MMA Ordinance Nº 253/2006, which established the obligation to use the Document of Forest Origin - DOF for the control of origin, transport and storage of forest product and by-product and approves the System - DOF, for the computerized control of the System.

The sustainable management of Juçara Palm must follow criteria for the elaboration of a management plan that considers: the size and access of the area; population density (reproductive individuals), maintenance of gene flow (latu sensu matrices), food stock for fauna; exclusion of harvesting areas (preferred faunal habitats); exclusion of individuals (random or selective); exclusion of bunches (selective or not): anthracnose, verdolengos, etc.; fruit fall to the ground: harvest, rain, winds, birds, etc.; exclusion of certain harvest periods in the crop (eg beginning or end). Consider the existence or not of other fruiting species throughout the season [67].

In addition, the following legal regulations can be cited as examples:

• Resolution of the São Paulo Environment Department No. 14 of February 25, 2014 which Establishes criteria and procedures for sustainable planting, collection and exploitation of native Brazilian species in the Atlantic Forest Biome, in the State of São Paulo;

• IDAF Normative Instruction No. 003 of July 31, 2013, which resolves to institute the Rules for a Simplified Sustainable Exploitation Plan for Extracting the Fruit of the Juçara Palm (Euterpe edulis);

• INEA Resolution No. 86 of January 29, 2014, which defines criteria and procedures for the implementation, management and exploitation of forest systems and for the practice of fallow in the State of Rio de Janeiro.

• CONAMA Resolution No. 294 of December 12, 2001, which provides for the Euterpe edulis in the State of Santa Catarina.

When considering the federal and state regulations that have been explained, the Draft Standard for the sustainable management of Juçara Palm will contain guidelines separately for both managements: harvesting the fruits and exploiting the palm heart by cutting the stem. In addition, technical recommendations will be made on harvest/exploitation season, criteria for transport and other specific issues such as proximity to Conservation Units, surrounding areas, among other information that is necessary to verify the suitability of the activity, including general information (Tables , attachments, declarations and terms of responsibility) to be completed by the applicant in the Sustainable Forest Management Plan, simplified (for fruit collection) or more complex (palm heart exploitation).

Final considerations

This article advances in the context of inserting the Juçara Palm as a native species that can be managed sustainably, as well as other native species, which already have an accumulation of regulatory discussion such as Araucaria, Aroeira and Candeia. This synergy may support the processes that must be carried out to regulate other native species in general. The participation of the Ministry of the Environment, IBAMA and ICMBio to provide federal legal support, together with the state secretariats linked to agriculture and technical assistance in rural extension, is important to advance technical leveling to promote sustainable management of the native species of the Atlantic Forest.

The involvement of Civil Society Organizations in the process of building public policies and development programs is essential for the success of the proposal. The path is drawn through training programs for Local Agents and multipliers of the proposal for sustainable management of native species through work efforts, which will be able to promote, similar to successful experiences such as that of brigadistas residing in the surroundings of Conservation Units, which take advantage of the proposal in a different way, significant changes in the reality of people in their communities. Author Contributions: MM performed field work, bibliographic survey and wrote the paper. DBM, DM, NZP and ARCR performed field work. Acknowledgements: We thank the Instituto de Permacultura e Ecovilas da Mata Atlântica – IPEMA, the Centro de Tecnologias Alternativas da Zona da Mata – CTA- ZM, the farmers of Ubatuba-SP and Araponga-MG, the Juçara Network–REJU and to everyone involved in the sustainable management and agroforestry development in Brazil. Conflicts of Interest: The authors declare no conflict of interest

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@article{meier2022,
  title   = {Legal Pillars to Agroforestry Management of Juçara Palm (Euterpe
edulis Mart.) in the Atlantic Forest Biome},
  author  = {Meier M, de Mattos DB, Mujalli D, Pinheiro NZ and Ridolfi ARC},
  journal = {Journal of Ecology & Natural Resources},
  year    = {2022},
  volume  = {6},
  number  = {3},
  doi     = {10.23880/jenr-16000295}
}
Meier M, de Mattos DB, Mujalli D, Pinheiro NZ and Ridolfi ARC (2022). Legal Pillars to Agroforestry Management of Juçara Palm (Euterpe
edulis Mart.) in the Atlantic Forest Biome. Journal of Ecology & Natural Resources, 6(3). https://doi.org/10.23880/jenr-16000295
TY  - JOUR
TI  - Legal Pillars to Agroforestry Management of Juçara Palm (Euterpe
edulis Mart.) in the Atlantic Forest Biome
AU  - Meier M, de Mattos DB, Mujalli D, Pinheiro NZ and Ridolfi ARC
JO  - Journal of Ecology & Natural Resources
PY  - 2022
VL  - 6
IS  - 3
DO  - 10.23880/jenr-16000295
ER  -