Permanent preservation areas in Brazil and the case of Balneário de Bonito: administrative, judicial, and legislative means mobilizable for the preservation of water courses
The failure in the protection regime of Permanent Preservation Areas (APP) along watercourses constitutes a risk factor to the environmental ecological balance, since this area plays an important role in the preservation of water resources, geological stability, biodiversity and human well-being, ha...
| Autores: | , |
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| Formato: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2025 |
| País: | Brasil |
| Recursos: | Universidade de Caxias do Sul (UCS) |
| Repositorio: | Revista Direito Ambiental e Sociedade (Online) |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs2.ucsnew.ojsbrasil.com.br:article/13426 |
| Acesso em linha: | https://sou.ucs.br/etc/revistas/index.php/direitoambiental/article/view/13426 |
| Access Level: | acceso abierto |
| Palavra-chave: | Área de Preservação Permanente (APP) flexibilização do regime protetivo da APP intervenções em APP litigância ambiental responsabilidade ambiental Permanent Preservation Area flexibilization of the protective regime of the APP interventions environmental litigation environmental responsibility |
| Resumo: | The failure in the protection regime of Permanent Preservation Areas (APP) along watercourses constitutes a risk factor to the environmental ecological balance, since this area plays an important role in the preservation of water resources, geological stability, biodiversity and human well-being, having the status of a space specially protected according to the Brazilian forest law (art. 3, II), by contributing with values of biocentric and anthropocentric aspects simultaneously. Despite this degree of importance, there are critical points in the Brazilian legal system that do not confer a better protective degree to the APP, such as the wide possibility of undergoing interventions and the inadequate application of the rules that protect the use of this place. From this context, it is sought to identify what are the flaws of the legal system that threaten the protection regime of the APP along the waterways, pointing out the measures that can be adopted to ward off the risk of environmental fragility. Through bibliographic, documentary research and examination of the jurisprudence of the Supreme Court applicable to the subject, a critical analysis will be promoted of the points of the legislation that make the protective scope of the APP more fragile, supporting the research in a case study regarding the intervention in this area, which stems from the ecotourism activity in the resort of Bonito/MS, which was the subject of an assessment by Ibama. At the end, the alternatives will be presented to repel the problem and strengthen the protection of the APP, considering the self-correction measures, which can be positive by the legislative power and provided through environmental litigation. |
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