The Legal System for the Protection of Permanent Preservation Areas

Abstract

Permanent preservation areas, due to their material importance, have received special treatment from the federal legislator. These areas are remnants of natural heritage and are defined in different ways according to the provisions of the Forest Code and the resolutions of the National Environment Council (CONAMA).

This study focused on permanent preservation areas surrounding artificial lakes formed by the construction of dams.

The use of these areas for agricultural activities and land use and occupation has proven to be highly damaging to ecological balance, prompting intervention by the Brazilian Public Prosecutor’s Office. In response to the increasing promotion of protection for these environmentally significant areas, it is observed that several domestic public legal entities have legislated on the matter, reducing the scope of protection for these areas in clear violation of the Union’s legislative competence.

Given this encroachment on federal authority and the widespread threat to permanent preservation areas, it is essential that public civil actions be employed as an instrument to enforce this fundamental right, including addressing the unconstitutionality of certain laws within their scope.