Governance and Laws of Mountains - Impact of Global Changes on Mountains: Responses and Adaptation - page 167

7
Governance and Laws of
Mountains
Flavia Witkowski Frangetto #
INTRODUCTION
To regulate hills and mountains is probably more diffi cult than to climb a
high mountain. This chapter has four contributions related to national and
international laws with some examples from Brazil.
Both developing and developed nations face the challenge of
deteriorating ecosystems in the mountains. In case of developing countries
such as Brazil, although there are no mountains per se as compared to the
Himalayas or other high mountains - there are just hills (with a height
lower than the mountains) and these hills are also facing similar issues as
mountains such as growing population and impacts and pressure of the
communities to use the limited land.
It would be better to prohibit the occupation of such mountains by
people in fragile areas where an equilibrium between nature and human
beings deserves to be a priority. In the case of Brazil, Brazilian Forestry Code
(the new Law nº 12.651, which came into force on the May 25, 2012) does
not permit any construction in mountains at places higher than 100 meters.
It is very important to implement this rule, to avoid the advance of risks
typically associated with indiscriminate use and inhabitation of mountains.