Áreas de preservação permanente nas propriedades rurais brasileiras

Abstract

This work aims at contributing for the understanding of the legal aspects of the Permanent Preservation Areas. With that in mind, we followed the path of the Federal Constitution up to the applicable infralegal standards to this type of especially protected area. A few of the general concepts pertinent to the environment were reviewed so that one could subsequently individualize them before the specific topic of the work. Thus, the Thesis starts from the constitutionals foundations, which allow us to understand the role of property and its outlines, and then trace a general scenario of the Environment and Environmental Law in Brazilian law ordainment, covering the essential principles of the latter. Once the premises were in place, we sought to analyze the institution of the Permanent Preservation with its types (legal and declared), its main aspects, characteristics and consequences. There is also an approach on the responsibility for environmental matter and for specific damage to this type of especially protected area. The work suggests the existence of an environmental protection regimen proper of the Permanent Preservation Areas. Finally, the current controversial points surrounding the topic were reviewed, with the author opinions regarding these points