Legislação brasileira e as áreas de preservação permanente: uma análise jurídica ambiental

Abstract

This article carries out an environmental legal analysis of Permanent Preservation Areas with the aim of evaluating how forms of relaxation of restrictions on these protected spaces that have occurred in recent years may affect the Environment. The study uses the qualitative method and bibliographic and documentary review, based on the reading of classic and current works of Environmental Law and other areas of knowledge on the subject analyzed, as well as reports, court decisions, legislation and other documentary sources. It addresses aspects related to the emergence and development of Permanent Preservation Areas in the Brazilian legal system, concepts, definitions and environmental functions and other aspects that demonstrate the history and importance of APPs. Afterwards, a critical analysis is carried out of the main changes brought by Law no 12,651/2012 and other recent regulations, in the national legal system and in the state of Rio Grande do Sul, in relation to the reduction in legal protection of the environment in Permanent Preservation Areas. As a result of the research, a decrease in the protection of permanent preservation areas is observed, which contributes to the vulnerability of these places for use in agricultural activities, irregular constructions, suppressions, loss of biodiversity and alteration of the water ecosystem.