Desmatamento na cadeia do café: uma análise jurídico-ambiental a partir do regulamento (UE) 2023/1115 e da legislação brasileira

Abstract

This study aims to carry out a critical and comparative analysis of the different understandings of deforestation present in three normative contexts: the European Union's Regulation (EU) 2023/1115, Brazil's environmental legislation and the criteria outlined in the UN's international guidelines. Based on a hypothetical-deductive approach, it is assumed that there is a conceptual misalignment between these norms, which could have significant consequences for coffee production in Brazil - especially with regard to access to the European market. The research reveals that the definition of deforestation used by the European Union is stricter than that established in Brazilian legislation, creating an environment of legal uncertainty and non-tariff obstacles for local producers. The research also considers the possible environmental benefits of this regulation, while also taking into account the adverse social and economic impacts, especially for small producers. Based on this analysis, a more balanced formulation of deforestation is suggested, capable of harmonizing the different legal systems and contributing to effective progress towards global environmental governance that is fair, inclusive and reflects the reality of developing countries