Áreas de preservação permanente e reserva florestal legal: contornos jurídicos e questões controvertidas

Abstract

The main purpose of the present work is the holistic analysis of the juridical contours, particulars, polemic questions and bills related to the Area of Permanent Preservation and/or Legal Forest Reservation, both concepts mentioned in the Brazilian Forest Code. For this purpose a digression in history will be necessary as well as the knowledge of basic concepts, such as environment definition, and, besides, to emphasize the legislative and administrative power to ordain rules. It will be given the most relevant principles for such study, as well as its applicability, and afterwards, will be explained the social office of the property. Fixed the basic premises for the understanding of the themes proposed for the present work, each specially protected peace of land is analyzed and its similarities and differences are considered from the doctrine and jurisprudence point of view. Examining the Area of Permanent Preservation it was presented its definition and basic attribute as well as indicated the tax conditions related to rural tract and its economic viability. Continuously, it was identified the types (legal and declared) and species of such areas and its presence also in urban areas. It was broached also the constitutional an legal approach related to the possibility of suppression or alteration in the vegetation of these areas as well as the limits of the National Environment Council regulamentation vis a vis the alleged unconstitutionality of resolutions 302 and 303. It was also indicated updated instruments for legitimate intervention inside this special protected space and finely, a possible solution for the already consolidated urban occupations. In relation to Legal Forest Reservations, the approach is similar. After brief considerations it was explained its definition and basic attributes, and from these data study one can include the possibility to consider the so called Area of Permanent Preservation as Legal Forest Reservation, as well as how long would it last, the way for its economical utilization and if it could exist in urban areas or in areas in urban expansion. It was brought into consideration also the lands not as properties but as possessed tract and the great deal of ways of recovery and compensation. Furthermore it has been considered aspects of the civil liability related to the environment degradation of Area of Permanent Preservation and Forest Reservation. In this aspect there were identified not only eventual damages causers liability, but also the owner s, the land possessors and even the Government liability, including the case of expropriation. The work has been completed with the analysis of the legislative tendency and the environment consequences thereof