The Use of Vegetation Fire in Portugal: Historical Legislative and Normative Analysis

Abstract

Fire has been a widely used tool in habitat and landscape management, mainly associated with land use dynamics of deforestation, pasture renewal, hunting and reclaiming new agriculture and rangeland areas. Ancient societies followed norms and rules regarding the used of fire. However, as these societies developed and land ownership changed, the conflicts generated by using fire triggered the need to regulate this practice by establishing the first laws. Such laws became of a broader type and narrower application over time until the twenty-first century. This research hypothesises that imposing constraints and regulations on using agro-silvopastoral fire through legislation in Portugal did not discourage its traditional use by communities. Through the historical legislative reconstruction of fire uses from before Portugal’s Foundation until 2021, it was possible to confirm the hypothesis and conclude that a paradigm change is needed by means of setting up an adequate legal framework for the different uses of fire in the land. This article was published open access under a CC BY licence: https://creativecommons.org/licences/by/4.0 .