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Institutional and legal contexts of FSC certification in natural and plantation forestry in Brazil

Institutional and legal contexts of FSC certification in natural and plantation forestry in Brazil
This study compares Forest Stewardship Council (FSC) requirements as established in the Brazilian forest management certification standards for plantations and natural forestry with Brazilian law. It fi rst identi fi all indicators related to social outcomes (for workers, local communities, and indigenous and traditional peoples) in the two FSC certi fi cation standards for natural forest management, approved in 2001 and 2025, and the two for forestry plantations, approved in 2014 and 2025. These were then compared to the national legal framework of Brazil as of 2025 when the analysis was completed. We did not fi nd any indicators to be antagonistic i.e. none contradict Brazilian law. Most FSC indicators affecting workers and traditional and indigenous peoples are reinforcing, meaning that they set the same requirements as Brazilian law. This reflects the long history of improving labour conditions in the country since the creation of the Brazilian Labour Code (CLT 1943) and the influence of International Labour Organization (ILO) 169 and related international commitments on Brazilian law. In addition, indigenous peoples also have strong protections under Brazilian law. In contrast, the rights of traditional communities in Brazil are generally not legally secure outside territories formally acknowledged by the law, such as quilombos . Finally, other local communities rarely have any type of customary rights secured by Brazilian law, and thus many Indicators affecting local communities are additional “on paper.” The study did not consider monitoring and enforcement. Indicators in the most recent FSC standards establish new considerations, including Free, Prior and Informed Consent (FPIC) and the need to adopt culturally appropriate engagement; mitigating and compensating impacts from forestry operations; engaging community members in consultations; educational action; providing opportunities for local economic development; the need for a diverse forestry labour force and inclusive decision-making processes; compliance with anti-corruption policies; and timely resolution of conflicts and disputes.

This work is licensed under CC-BY 4.0
DOI:
https://doi.org/10.17528/cifor-icraf/009445
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TI  - Institutional and legal contexts of FSC certification in natural and plantation forestry in Brazil 
AU  - Papp, L.M. 
AU  - Lentini, M.W. 
AB  - This study compares Forest Stewardship Council (FSC) requirements as established in the Brazilian forest management certification standards for plantations and natural forestry with Brazilian law. It fi rst identi fi all indicators related to social outcomes (for workers, local communities, and indigenous and traditional peoples) in the two FSC certi fi cation standards for natural forest management, approved in 2001 and 2025, and the two for forestry plantations, approved in 2014 and 2025. These were then compared to the national legal framework of Brazil as of 2025 when the analysis was completed. We did not fi nd any indicators to be antagonistic i.e. none contradict Brazilian law. Most FSC indicators affecting workers and traditional and indigenous peoples are reinforcing, meaning that they set the same requirements as Brazilian law. This reflects the long history of improving labour conditions in the country since the creation of the Brazilian Labour Code (CLT 1943) and the influence of International Labour Organization (ILO) 169 and related international commitments on Brazilian law. In addition, indigenous peoples also have strong protections under Brazilian law. In contrast, the rights of traditional communities in Brazil are generally not legally secure outside territories formally acknowledged by the law, such as quilombos . Finally, other local communities rarely have any type of customary rights secured by Brazilian law, and thus many Indicators affecting local communities are additional “on paper.” The study did not consider monitoring and enforcement. Indicators in the most recent FSC standards establish new considerations, including Free, Prior and Informed Consent (FPIC) and the need to adopt culturally appropriate engagement; mitigating and compensating impacts from forestry operations; engaging community members in consultations; educational action; providing opportunities for local economic development; the need for a diverse forestry labour force and inclusive decision-making processes; compliance with anti-corruption policies; and timely resolution of conflicts and disputes. 
PY  - 2026 
PB  - CIFOR-ICRAF 
PP  - Bogor, Indonesia and Nairobi, Kenya 
UR  - https://www.cifor-icraf.org/knowledge/publication/9445/ 
DO  - https://doi.org/10.17528/cifor-icraf/009445 
KW  - certification, community forestry, customary rights, economic development, forest law, forest plantations, indigenous peoples, labour, legal rights, local communities, natural resources, social aspects 
ER  -
%T Institutional and legal contexts of FSC certification in natural and plantation forestry in Brazil 
%A Papp, L.M. 
%A Lentini, M.W. 
%D 2026 
%I CIFOR-ICRAF 
%C Bogor, Indonesia and Nairobi, Kenya 
%U https://www.cifor-icraf.org/knowledge/publication/9445/ 
%R https://doi.org/10.17528/cifor-icraf/009445 
%X This study compares Forest Stewardship Council (FSC) requirements as established in the Brazilian forest management certification standards for plantations and natural forestry with Brazilian law. It fi rst identi fi all indicators related to social outcomes (for workers, local communities, and indigenous and traditional peoples) in the two FSC certi fi cation standards for natural forest management, approved in 2001 and 2025, and the two for forestry plantations, approved in 2014 and 2025. These were then compared to the national legal framework of Brazil as of 2025 when the analysis was completed. We did not fi nd any indicators to be antagonistic i.e. none contradict Brazilian law. Most FSC indicators affecting workers and traditional and indigenous peoples are reinforcing, meaning that they set the same requirements as Brazilian law. This reflects the long history of improving labour conditions in the country since the creation of the Brazilian Labour Code (CLT 1943) and the influence of International Labour Organization (ILO) 169 and related international commitments on Brazilian law. In addition, indigenous peoples also have strong protections under Brazilian law. In contrast, the rights of traditional communities in Brazil are generally not legally secure outside territories formally acknowledged by the law, such as quilombos . Finally, other local communities rarely have any type of customary rights secured by Brazilian law, and thus many Indicators affecting local communities are additional “on paper.” The study did not consider monitoring and enforcement. Indicators in the most recent FSC standards establish new considerations, including Free, Prior and Informed Consent (FPIC) and the need to adopt culturally appropriate engagement; mitigating and compensating impacts from forestry operations; engaging community members in consultations; educational action; providing opportunities for local economic development; the need for a diverse forestry labour force and inclusive decision-making processes; compliance with anti-corruption policies; and timely resolution of conflicts and disputes. 
%K certification 
%K community forestry 
%K customary rights 
%K economic development 
%K forest law 
%K forest plantations 
%K indigenous peoples 
%K labour 
%K legal rights 
%K local communities 
%K natural resources 
%K social aspects 
    Publisher

    CIFOR-ICRAF: Bogor, Indonesia and Nairobi, Kenya

    Année de publication

    2026

    Auteurs

    Papp, L.M.; Lentini, M.W.

    Langue

    English

    Mots clés

    certification, community forestry, customary rights, economic development, forest law, forest plantations, indigenous peoples, labour, legal rights, local communities, natural resources, social aspects

    Géographique

    Brazil