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Wetlands Ecol Manage (2015) 23:285–292

DOI 10.1007/s11273-014-9380-4

ORIGINAL PAPER

Vereda and Murundu wetlands and changes in Brazilian


environmental laws: challenges to conservation
Vania Rosolen • Diego Alves de Oliveira •

Guilherme Taitson Bueno

Received: 24 January 2014 / Accepted: 26 August 2014 / Published online: 3 September 2014
Ó Springer Science+Business Media Dordrecht 2014

Abstract Vereda and Murundu wetlands are wide- typical agribusiness land use in the state of Minas
spread in the Cerrado (Brazilian savannah). The Gerais was considered, where the Vereda and Murun-
wetlands occupy topographic depressions on the flat du ecosystems are completely surrounded by agricul-
plateau, which are permanently or seasonally water- ture. The transition zone between dry and wet soils is
logged, with topsoil that has high contents of organic the most fragile and susceptible to degradation
matter and endemic fauna and flora. These systems are because it is subjected to the continuous expansion
important for regulating the water flux in the riverine of land tillage. If the agribusiness model deployed in
network. Despite their environmental importance, the the region is responsible for the increase in wetland
wetlands are largely neglected in planning policy, destruction, then changes in regulatory laws to define
environmental legislation and scientific research, and preserve permanent preservation areas in the
resulting in their degradation by the expansion and Brazilian Forest Code, for the years 1934, 1965, 1989
intensification of agriculture. In the studied catchment, and in the two versions from 2012, are an impediment
a typical tropical savannah landscape and a region of to the effectiveness of forest and wetlands protection
and the policy of sustainable development.

V. Rosolen (&) Keywords Wetlands  Vereda and Murundu 


Department of Petrology and Metallogeny (DPM),
Cerrado  Forest code
University of State of São Paulo (UNESP), Av. 24A,
1515, CP: 178 Bela Vista, Rio Claro, SP CEP: 13506-900,
Brazil
e-mail: vrosolen@rc.unesp.br
Introduction
D. A. de Oliveira
Institute of Geography (IG), Federal University of
Uberlândia (UFU), Av. João Naves de Ávila, 2121, Wetlands composed of Vereda and Murundu are
Campus Santa Mônica, Uberlândia, MG CEP: 38408-100, widespread in the Cerrado (Brazilian savannah) but
Brazil
are largely neglected by planning policy, environ-
e-mail: oliveira.diegoalves@gmail.com
mental legislation and scientific research, reasons for
G. T. Bueno its degradation. Vereda and Murundu are regional
Department of Geography, Pontifı́cia Universidade terminology, like dambo in the African savannah (von
Católica de Minas Gerais (PUC-Minas), Av. Itaú, 505,
der Heyden and New 2003). Murundu (or covoal)
Bairro Dom Cabral, Belo Horizonte,
MG CEP 30.535-012, Brazil corresponds to vegetated micromounds, which con-
e-mail: gtaitson@ig.com.br stitutes a mosaic of the Cerrado woodland (cerrado

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286 Wetlands Ecol Manage (2015) 23:285–292

sensu stricto). In the landscape, Murundus stand out as The Brazilian portion of the Cerrado originally
distinct geomorphological features that are circular or covered 2 million km2, but the cleared area amounted
elliptical in shape. They are located in the headwaters, to 956.654 km2 in 2011 (MMA 2011). Until recently,
in a higher topographic position than the veredas, statistical data on wetland conversion, degradation and
which are located along the flat thalwegs. The creation a plan for restoring previously converted cropland did
of the earth mounds (Murundus) is attributed to abiotic not exist, despite their geographic extension in the
factors (i.e., hydrological/geomorphological pro- Brazilian territory (approximately 30 % of the total
cesses), biotic factors (i.e., termite activities), and area) and their diversity and economic importance
mixed abiotic/biotic genesis (Ponce and Cunha 1993). (Junk et al. 2013).
Veredas are hillside marshy wetlands located in the In 1996, the Brazilian government subscribed to the
riparian zone of streams; they are considered geomor- Ransar Convention, which recognized several ecolog-
phological features because they only occur along ical functions of wetlands. Nevertheless, on the
shallow kilometer-long valleys that are easily recog- plateaus of central Brazil, these areas are impacted
nized by the presence of the Buriti palm (Mauritia by the intensive agriculture which is advancing to
flexuosa) (Wantzen et al. 2006; Augustin et al. 2009; detriment of the wetlands. Furthermore, the absence of
Wantzen et al. 2012). environmental policy and planning, as a result of
In many parts of the developed or developing world, several changes in the Federal Environmental Laws
wetland landscapes are not conserved or integrated (or Forest Code) since 1934, has contributed to losses
harmonically in socio-economic projects. They were in wetland areas and changes to its soil and vegetation
drained for agriculture and are rarely considered in characteristics.
urban-cultural landscape planning (Roberts 1988; The present Brazilian Forest Code has adopted the
Tilton 1995; Klink and Machado 2005; Ewing et al. Permanente Preservation Area (APP), the Legal
2012). They constitute in a fragile ecosystem, and Reserve (RL) and the Conservation Units (National
overgrazing and intensive cropping degrades the Parks and Indian Reserves) as specially protected
vegetation, affects the hydrology, encouraging soil territorially areas. They correspond to areas covered
erosion and changes the morphological and chemical by native vegetation in order to protect water bodies,
soil properties (Roberts 1988, Ewing et al. 2012). the landscape, soils, biodiversity, gene flow and ensure
For conservation purposes, some functions of the wellbeing of the human population. Within this
Vereda and Murundus wetlands in Cerrado need to be context, the RL is necessary to the sustainable use of
highlighted. These wetlands (1) contribute signifi- the natural resources, to the conservation and rehabil-
cantly to the biodiversity by having endemic fauna and itation of the ecological processes, to the biodiversity
flora; (2) they have a ‘‘sponge effect’’, buffering the conservation and to the shelter and protection of the
changes in the discharge due to local rainfall events; native fauna and flora within rural properties (Klink
(3) store soil carbon; (4) filter residues of fertilizers and Machado 2005, Wantzen et al. 2006). The
and pesticides used in agriculture; (5) provide fiber requirement of RL in the private property varies
and fruits for traditional communities. Most local according the biome, e.g. in the biome Cerrado
population of fauna and flora are associated only with (including Minas Gerais State) it must represent
wetlands and thus vulnerable to extinction (Gibbs 35 % of the total area, which must remain forested.
2000). A large numbers of organisms of different The APP is a legal instrument to ensure the protection
taxonomic groups (algae, protozoa, crustaceans, especially in zones around hydric bodies, e.g. along
insects, reptiles, amphibians and birds) and many and within the border of rivers, natural and artificial
species of plants from the family of Gramineae, lakes, dams and wetlands. The Federal law no 9.605 of
Asteraceae, Cyperaceae and Palmae has living in these 1998 punish with criminal and administrative sanc-
habitats (Gibbs 2000, Barberi et al. 2000, Sousa et al. tions the actions harmful to the environment, including
2013). A whole host of organisms makes use of deforestation of RL and APP. Also, Brazilian states
wetlands to establish populations, forage and disperse, and municipalities develop additional environmental
which implies that ecological interactions in such laws which can not be most permissive than the federal
environments are extremely complex and important law. The State of Minas Gerais has its own legislation
(Sousa et al. 2013). for the conservation of its forests and biodiversity

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Wetlands Ecol Manage (2015) 23:285–292 287

Fig. 1 Geographical
location of study site—Alto
Uberabinha basin- at plateau
Uberlândia-Uberaba (Minas
Gerais state)

(Law no 14.309 of 2002), as well as the municipalities clay levels of the Marı́lia formation of the Bauru group
of Uberlândia and Uberaba (both containing territory (upper Cretaceous) (Nishiyama 1989). The soil cover
in the studied catchment). is composed of yellow-reddish Oxisol in well-drained
The objective of this paper is to evaluate the land parts of the plateau and Gleysol in imperfectly drained
use policy for the Cerrado and the expected uncer- areas corresponding to Vereda and Murundu. The soils
tainty for wetlands conservation related to changes in have a low pH (approximately 5) and are composed of
regulatory federal laws for the environmental protec- kaolinite clay, gibbsite, and residual quartz (Correa,
tion that occurred in 1934, 1965, 1989 and 2012. 1989). Before the land conversion, the plateau was
mainly covered by open savannah (Cerrado sensu
stricto), adapted to a prolonged dry season (Fig. 2).
Materials and methods Veredas and Murundus are enclaves within open
savannah, showing distinctive physiography and ecol-
Study area ogy (Oliveira and Ratter 2002). Both are subject to
flooding according to the rise and fall of groundwater
The Uberabinha catchment (18°560 to 19°260 S and following the alternating wet and dry seasons. They
47°500 to 48°90 W) is located in a sedimentary flat are dominated by dense herbaceous stratum and a
plateau in the western part of Minas Gerais state, in diverse range of shrubs, sedges and the presence of
Brazil, between the cities of Uberaba and Uberlândia. buriti (Mauritia flexuosa) (only in vereda) (Oliveira
This plateau is a segment of the Brazilian Central and Ratter 2002).
Plateau, covered by Cerrado vegetation (Fig. 1). The The history of the current land use started in the
study area has 728, 43 km2 and corresponds to the beginning of the 1970s. Intensive agriculture was
upper stream of the catchment. driven by governmental policy and a private interest to
Located at an altitude of 1.050 m, the climate is connect the Brazilian central region with the industri-
characterized by a pronounced dry season (from May alized southeast and, especially, to introduce Brazilian
to October) and rainfall during summer months (from agriculture in a global economy by adding technolog-
November to April). The average annual rainfall is ical development such as machinery and agricultural
1516 mm and the average annual temperature is inputs (Brossard and Lópes-Hernández 2005). Large
23 °C. The geology of the Uberabinha catchment is areas of native open savannah were cleared to
characterized by sandstone with carbonate and iron- introduce monoculture of soybean, corn and cotton,

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288 Wetlands Ecol Manage (2015) 23:285–292

Fig. 2 Satellite images showing the wetlands in Cerrado surrounding by agriculture. See that only the central area of murundu is
relatively preserved

improved pastures and, in recent years, the expansion


of sugarcane for biofuel. Initially, cultivation occurred
in dry and well-drained lands (Oxisols). After, the
governmental program Provarzeas (National Program
for the Use of Irrigable Floodplains—Federal Decree
no 86146/81), promoted by the military government
during the 1980s, encouraged and financed farmers to
drain wetlands for agricultural expansion or to culti-
vate rice in waterlogged soils. Partially because of this,
and for the necessity to expand land for occupation,
the transition soil (histic soil) between the dryland
(Oxisol) and wetland (Gleysol) was used.
In this study, an analysis of the current land use and
the potential risk to impact wetlands was made on the
basis of the normative protection of Permanent
Preservation Areas (APPs), which was contemplated
in a regulatory framework of APPs in Brazil. In order
to evaluate the impacts on wetlands in the Uberabinha
catchment, four versions of the APP regulations were
analyzed: the first was created by the Federal Decree
no 23.793, in 1934 (Brasil 1934); the second was
created by Federal Law no 4771, in 1965 (Brasil
1965); the third was created by Federal Law no 7.803
in 1989 (Brasil 1989); and the last version corresponds
to Federal Law no 12.651 of 2012 (Brasil 2012), which
was responsible for the regulation and protection of Fig. 3 Current land use and the potential risk to impacted
natural vegetation cover in Brazil. The last version of wetlands in the Alto Uberabinha basin

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Wetlands Ecol Manage (2015) 23:285–292 289

the Federal Law no 12.651 was modified in 2013 to APP OCCUPIED UNTIL APP NOT OCCUPIED

provide more flexibility in the possible land use in the JULY 22, 2008 UNTIL JULY 22, 2008

APP. Also, to assess the land use, the lineation of the

2012

2012
1934

1965

1989
DIMENSION DISTANCE (m or ha)
wetlands, the calculation of their area and their (MF*)

(1)

(2)
For up
corresponding APP, considering 50 m from the wet- 5 For up to 1
to 10
5 30 30

lands border as required to Forest Code, was made a 8 1-2 10 - 50 50 50


5a
51 - 100
15 2-4 100 100
map (Fig. 3) on from satellite images (RapidEye of 11 RIVER
200
201 -
august of 2009) with spatial resolution of 5 9 5 m. 20 -
600
200 200
More than 4 More 100
The georeferencing was made using the topo map 100
than 500 500
600
(scale of 1:50.000 from Instituto Brasileiro de Geog- For up

25% of the vegetation


5 For up to 1 No
rafia e Estatı́stica—IBGE). The Geographic Informa- to 1
For up
8 1-2 50
tion System used was the IDRISI (16:01 version, Clark NATURAL to 20
POND More
Labs, 2009). It was made an enhancement and a 15 2-4
than 21
100
Urban Urban
colorful composition from the bands blue 30 More than 4
Area Legislation
30

(440–510 nm), red-edge (690–730 nm) and near- 15 All


SPRING
50 50
(Nascente)
infrared (760–810 nm). The composition highlights 30 For up to 4
VEREDAS 50
50 More than 4
the contrasts between wetlands and other forms of land For up
No
use during the dry season. The digitization of data and to 1
ARTIFICIAL More
30 - 100
the calculation of the respective land uses were POND than 21
Urban Urban
performed in ArcGIS (ESRI, 2012). The delineation Area Legislation
15 - 30
o
1934 – Decree n 23.793 Without definition of protection range
of the APP was made creating buffer polygons around Protection range defined in the environm
1965 – Federal Law no 4.771
wetlands specifying 50 m of distance from their license
2012 - Federal Law no (1) 12.651 and (2) 12.727;
1989 – Federal Law no 7.803
borders. *MF = Fiscal Module

Fig. 4 Comparative laws of the APP in Brazilian Forest Code


in 1934, 1965, 1989 and 2012 * Since the last version of the
Results and discussion Forest Code (2012), the punishment for impacts in the APP
discriminates two groups: (1) those that deforested until July of
In the studied catchment, the conversion from natural 2008 are free from the responsibility of restoration because the
areas are considered to be ‘‘areas of consolidated agriculture’’;
vegetation to agriculture represents 57 % of the total and (2) those that deforested after July of 2008 and are under
area, whereas mining, pasture and planted forest assessment (payment and restoration)
(pinus) correspond to 15.5 %. The sum of all activities
corresponds to 529.36 km2. The Cerrado occupies 4.771), 1986 (Decree no 7.511) and 1989 (Decree no
only 0.3 % or 2.28 km2 and the non-converted wet- 7.803); by the Provisional Measure no 2.166–67 in
lands occupy 27 % or 196.79 km2. The land use 1986; by the resolutions of the Environmental
mapping (Fig. 3) shows that the transition zone National Council (CONAMA) no 302 and 303 of
between the dry and wet soils is the most sensitive 2002 (CONAMA—Conselho Nacional Do Meio Am-
area to degradation. biente 2002); and, finally, by the Federal Law no
The process of land conversion and land use in the 12.651 that was modified in 2012 through the Federal
catchment violates the current Brazilian Forest Code Law no 12.727 (Fig. 4).
ratified in 2012, especially regarding to the establish- The first version (1934) of the Forest Code (Federal
ment of the APPs, which impose a preservation zone Law no 23.793) was created exclusively to protect the
of 50 meters between the swamp and dry soils, natural vegetation cover, forbidding landowners from
maintaining the natural vegetation and prohibiting clearing more than 75 % of the property, and it did not
human use. The uncertainties in this document define the zones with special interest to conservation,
regarding the Vereda and Murundu wetlands help to e.g., river floodplains or high gradient slopes. The
clarify the social and environmental conflicts original version of the legislation was in place until
generated. 1965, when the concept of APPs was introduced for
The status of the APP has changed: e.g., in size and the protection of sensitive areas (Federal Law no
width in 1934 (Decree no 23.793), 1965 (Decree no 4.771). However, the law’s nature and place in

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preserving the forest has not been defined. In the second of the Forest Code, which, for the first time in 78 years,
version of the Forest Code (1965), the APP was regulated all of the limits and categories of the APP,
considered to be a narrow area (5 m) along rivers and including vereda, was passed. The negative feeling
natural or artificial lakes (art. 2 and 3). The APP around regarding the preservation of the APPs is the establish-
water sources was mentioned but its area was not ment of legal concepts, such as consolidated agricul-
determined. The replacement of the Forest Code of 1934 tural areas, alternative land use, the permission to use
by the Forest Code of 1965 resulted in a decrease in the APPs as areas of public utility and social interest,
total area for environmental preservation. The advance- thereby admitting human activities in the APP. This new
ment in this code (1965) was the enlargement of the conception results in a reduction of the total area to be
concept of the biodiversity protection, highlighting that preserved (Fig. 4). The Murundu ecosystem is not
all protected areas (including APPs) could only be recognized in the Forest Code and its preservation was
changed by law, prohibiting any land use that may alter not secured until recently, thus increasing the gap
the integrity of the elements of the natural environment. between scientific knowledge, policy and decision
In both codes, the establishment of the APP in Vereda makers. The absence of the Murundu ecosystem in the
and Murundu wetlands was not mentioned or consid- legislation reflects the incomplete implementation of
ered. That set of laws that accomplished this change wetland inventories and wetland classification in Brazil,
between 1965 and 1986 corresponded to the beginning as noted by Junk et al. (2013). Additionally, as reported
of the period of clearing and converting the Cerrado to by Matiza (1994), a shared feeling about the importance
agriculture in the studied area. The expansion and of these wetlands does not exist, making the recognition
intensification of agriculture began in a period when any of their importance for conservation more difficult.
legislation about APPs was absent. In 1989, the new This situation is only part of the problem related to the
writing of the Forest Code determined the enlargement conservation of the Vereda and Murundu in the
of APPs and established that they would be delimitated Triângulo Mineiro region. The other part could be
according to the maximum flood level of rivers. Only in attributed to a lack of effectiveness of the Brazilian
2002 the status, importance and regulation of the APP environmental laws for territorial planning. Presently,
were determined by National Council on the Environ- farmers appeal to the Public Ministry of Justice for
ment (CONAMA). In this resolution, the category of the situations of judicial insecurity or follow the environ-
vereda and its APP was defined, which is the area of mental law of the Minas Gerais state (PL 276/11), which
50 m from the swamp soil (in the transition between dry is, in some aspects, more flexible concerning the APP.
and wet soils). However, the CONAMA resolution does
not have the authority of federal law and it generated
judicial doubts about its application in Brazilian terri- Conclusions
tory, diminishing the effectiveness of preservation.
The variety of legal instruments and the institution’s The delineation and rate of conversion and degrada-
uncertainty led to high judicial insecurity among tion of wetlands in the Cerrado are unknown and there
landowners about the laws, as well as well as about is a gap between Brazilian legislation, knowledge of
the state action in controlling deforestation with the scale of degradation, the damage to the physical,
regards to the periodically changing limits of the social, cultural and economic features, and any
APPs. It is possible to admit that until 2002, the APP proposition for sustainable land management. The
laws did not have any social effectiveness because the agribusiness has contributed to the loss of wetlands;
various regulations passed in the previous seventy- however, the constant changes in Brazilian environ-
eight years were sometimes more permissive and other mental laws are an impediment to forest protection
times more restrictive. The amount of time required for effectiveness and the policy of sustainable develop-
a landowner to adapt to new legislation is slower than ment. Particularly, the revisions in status of the APP
the time it takes for rules to change, implying a real have contributed to generate insecurity for the land-
conflict of interest for preservation. owners who must adapt to receive economic incen-
In fact, until 2012 there was no national policy that tives, reducing its effectiveness.
regulated the protection and management of wetlands The challenge to fully protect wetlands is to achieve
including Vereda and Murundu. In 2012, the last version a balance between environmental preservation and

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Wetlands Ecol Manage (2015) 23:285–292 291

economic exploitation. Agribusiness imposes a model Brasil (1989) Lei Federal n°s 7.803 de 17 de julho de 1989.
of agriculture that demands expansion and intensifi- Altera a redação da Lei n8 4.771, de 15 de setembro de
1965, e revoga as Leis n8s 6.535, de 15 de junho de 1978, e
cation, clearing and converting areas of natural 7.511, de 7 de julho de 1986. https://www.planalto.gov.br/
vegetation despite their importance for providing ccivil_03/leis/l7803.htm. Accessed 27 Jan 2013
environmental services, especially in the Cerrado, Brasil (2012) Medida Provisória n° 571, de 25 de maio de
which is considered to be a frontier propitious to the 2012. Altera a Lei no 12.651, de 25 de maio de 2012, que
dispõe sobre a proteção da vegetação nativa; altera as Leis
continuous expansion of agriculture and pastureland. nos 6.938, de 31 de agosto de 1981, 9.393, de 19 de
Thus, the conflicts generated among landowners, dezembro de 1996, e 11.428, de 22 de dezembro de 2006;
legislators and conservationists have resulted in dis- revoga as Leis nos 4.771, de 15 de setembro de 1965, e
agreements about the delimitation of wetland borders 7.754, de 14 de abril de 1989, e a Medida Provisória no
2.166-67, de 24 de agosto de 2001. http://www.planalto.gov.
(the dry-wet soil transition), which must be considered br/ccivil_03/_Ato2011-2014/2012/Mpv/571.htm. Accessed
to establish any territorial planning. An additional 27 Jan 2013
conflict is the fact that the Murundu, which was not Brossard M, Lópes-Hernández D (2005) Des indicateurs
introduced into the Forest Code, as was the vereda, d’évolution du milieu et des sols pour rendre durable
l’usage des savanes d’Amérique du Sud. Nat Sci Soci
needs to be preserved and free from human activities 13:266–278. doi:10.1051/nss:2005041
within 50 m of its border. Despite the exigency, the CONAMA—Conselho Nacional Do Meio Ambiente (2002)
imposition of legislation is not respected because of Resolução 303, de 20 de março de 2002. Dispõe sobre
the absence of surveillance and, in rare cases, disobe- parâmetros, definições e limites de Áreas de Preservação
Permanente. http://www.mma.gov.br/port/conama/res/
dience is reported. It is evident that the vulnerability of res02/res30302.html. Accessed 27 Jan 2013
wetlands is linked to Brazilian political and economic Correa GF (1989) Les microreliefs ‘‘murundus’’ et leur envi-
choices. Many damages are not reversible, but polit- ronment pedologique dans l’ouest du Minas Gerais, region
ical efforts to plan land use according to well-defined du plateau central bresilian. Ph.D. Thesis, Université de
Nancy I, France
environmental legislation helps to protect the remain- Ewing JM, Vepraskas MJ, Broome SW, White JG (2012)
ing Vereda and Murundu areas as well as the Changes in wetland soil morphological and chemical
ecosystem services provided by them. properties after 15, 20, and 30 years of agricultural pro-
duction. Geoderma 179–180:73–80
Acknowledgments The authors wish to thank FAPESP Gibbs JP (2000) Wetland loss and biodiversity conservation.
(Fundação de Amparo à Pesquisa do Estado de São Paulo— Cons Bio 14(1):314–317
Proc. n° 2014/001131-4) and FAPEMIG (Fundação de Apoio à Junk WJ, Piedade MTF, Lourival R, Wittmann F, Kandus P,
Pesquisa do Estado de Minas Gerais—Proc. n°. CRA-APQ- Lacerda LD, Bozelli RL, Esteves FA, Nunes da Cunha C,
01103-11) for supporting this research. Maltchik L, Schöngart J, Schaeffer-Novelli Y, Agostinho
AA (2013) Brazilian wetlands: their definition, delineation,
and classification for research, sustainable management,
and protection. Mar. Freshw. Ecosyst, Aquatic Conserv.
doi:10.1002/aqc.2386
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