Controlled use of fire and international and brazilian legal framework that supports slash and burn agriculture in traditional agricultural systems

Abstract

Fire has been used by humanity for millennia. In agriculture, traditional communities used this element in a controlled manner with the aim of “clearing the area”before planting, in a process known as slash and burn agriculture. From another perspective, there is the indiscriminate use of fire by commercial agriculture, often associated with deforestation for large-scale monoculture implementation. The non-differentiation of these logics led to the criminalization of the controlled use of fire, making local communities vulnerable. This article aims to present an analysis of the legal framework that supports slash and burn agriculture in traditional agricultural systems and the rights of indigenous peoples, quilombolas, and traditional farming communities at the international and national levels, with emphasis on the state of Minas Gerais. International treaties and the national and state regulatory frameworks of Minas Gerais guarantee legal support for the territorial rights of traditional peoples and communities and the use of controlled fire in their agricultural practices and prohibit the use of fire without control. However, as illustrated by the case of the communities that gather everlasting flowers, the commitment of government technicians and managers is necessary for the legislation to be complied with.