Navegando por Assunto "Direito ambiental"

Agora exibindo 1 - 20 de 31

Acesso aberto (Open Access)
Análise da autonomia das populações tradicionais no manejo comunitário de recursos florestais madeireiros em unidade de conservação da Amazônia
(Universidade Federal do Pará, 2017-04-25) PACHECO, Jéssica dos Santos; AZEVEDO-RAMOS, Claudia; http://lattes.cnpq.br/1968630321407619
The present study aim to analyze the degree of autonomy of the traditional populations in the timber community forest management (CFM) in federal protected areas (UC) of the Brazilian Amazon. To do so, it was evaluated (1) the perception of stakeholders in two UCs and (2) the legal instruments and regulatory provisions that could influence this autonomy. In total, 111 stakeholders from the RESEX Verde Para Sempre (VPS) and the Tapajós National Forest (FLONA Tapajós) were interviewed among the Government, Community and Partner Organizations segments. The perception was evaluated by SWOT analysis and 5-level Likert scale satisfaction questionnaires. Relevant documents on the MFC used in the UCs (minutes, reports, diagnoses, among others) were also evaluated. Decision makers from the main federal environmental agencies in Brasilia were also interviewed. The results showed that the dependence of annual permits from the ICMBio and the administrative procedures of the MFC directly interfere in the autonomy of the traditional populations, although they are of exclusive obligations of the environmental agencies. In the initiatives studied, there was relative satisfaction on the autonomy of the traditional populations. However, governmental interference occurred in both cases. In the FLONA Tapajós, the governmental administrative structure has affected the freedom of the community to define its productive choices, mainly due to the outdated management plan of the UC. Also, the autonomy to organize and manage forest production has been restricted at RESEX VpS, both due to its financial dependence on partner organizations and the time lapse until management license is approved. The legal instruments and regulatory provisions of the MFC in UC are the main inducers of this scenario. It was verified that these instruments are constituted by rules of territorial, procedural and technical dimensions that, to a greater or lesser extent, interfere in the community autonomy in the management of the forest resource, in the process of obtaining the MFC license, and in the techniques required in the activity. The failure to comply with the legal determination to create differentiated provisions of sustainable forest management plans adapted to community needs has conditioned traditional communities to standardized technical requirements, to the detriment of the constitutional and legal recognition of their livelihood rights. Some priority changes in the regulations were identified and proposed in this study. It was concluded that the simplification of some instruments could increase the degree of autonomy in the timber CFM allowing its multiplication in the Amazon region, while ensuring, at the same time, a balanced and effective control by the State over public forests in common ownership.
Acesso aberto (Open Access)
Análise da metodologia de gradação de impacto ambiental para cálculo de compensação ambiental no estado do Pará
(Universidade Federal do Pará, 2010-02-10) PEREIRA, Nívia Gláucia Pinto; SZLAFSZTEIN, Claudio Fabian; http://lattes.cnpq.br/1348005678649555
This work aims to analyze the methodology of environmental impact gradation in order to calculate the environmental compensation in the State of Pará established in the Regulatory Statement 006/2007. Environmental compensation is an instrument of the National Environmental Policy stated by the National System of Conservation Unit – SNUC (Federal Law 9985 of July, 18 of 2000), being obligatory for projects that cause significant environmental impact. It compensates the negative impacts, through the establishment and/or maintenance of the conservation units of total protection. The Law 9985 determines that the licensor is responsible for developing a methodology that calculates the value of environmental compensation based on the impact degree. However, in April 2008, the Federal Supreme Court decided that the art. 36th of SNUC became unconstitutional, so the States already had methodology would manage to new definitions for the application of environmental compensation. After the discussion of important concepts, the methodology is examined and possible elements to be changed are identifies in order to adapt the methodology to the environmental conditions of the State of Pará. Finally, a study case is presented comparing the results between the original and the proposed methodology. The work develops in a scientific and political context, where they were used laws, articles, scientific publications and technical discussions to formulate a new proposal for the methodology.
Acesso aberto (Open Access)
Áreas de preservação permanente urbanas e direito à moradia: estudo de caso das Glebas Guamá ii e Palheta do Município de Mãe do Rio - PA
(Universidade Federal do Pará, 2017-03-24) TUMA, Erica Fabiola Brito; OLIVEIRA, Maria Cristina César de; http://lattes.cnpq.br/6570600503324199
The objective of the dissertation is to analyze the Citizen Housing Land Use Regularization Project highlighting the rights to housing and the balanced environment, in light of socioenvironmental legal principles. Subsequently, the right to housing as a social right, enshrined in the 1988 Constitution and its relation to the right to the environment ecologically balanced. The legislation and doctrine of the Permanent Preservation Urban Areas is analyzed as an instrument of environmental protection. There is verified the current legislation of urban land regularization, and the modifications produced by the recent Provisional Measure n. 759/2016. Finally, in the specific case of the municipality of Mãe do Rio (Pará), through the weighting of principles, the density and relevance of socio-environmental legal principles is verified. The work is developed through bibliographical and documentary research.
Acesso aberto (Open Access)
Áreas protegidas na Amazônia brasileira como instrumento de gestão ambiental: a situação do município de Oriximiná, estado do Pará
(Universidade Federal do Pará, 2013) FLORES, Maria do Socorro Almeida; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
Creating intervention restricted environments from the expansion of human activities was the model used by industrialized countries to preserve remaining ecosystems of their development process. Brazil adopted this restrictive model through the creation of protected areas, among other instruments. This thesis examines the establishment of protected areas as an instrument of environmental policy in the brazilian Amazon to use as empirical observation units the protected areas in the Calha Norte region, in the State of Pará, which corresponds to a region with low human impact and, as an area located in the endemism guiana region, high concentration of biodiversity, as well as the presence of considerable sociobiodiversity (indigenous civilizations, Quilombola communities and traditional populations). This thesis examines this issue considering the possibility to visualize in environmental management the sustainability of the biodiversity maintaining, which includes respectively the physical basis, the nature resources and the cultural, religious and indigenous peoples ways of life, the Quilombola remaining communities and traditional populations in the region. The primary goal of this thesis is to show that the legal protection of biodiversity and socio-biodiversity is intrinsically related to the concept of bio-responsability, which is based on a set of factors such as legal, political, administrative and economic establish relationships between them to ensure environment sustainability not only as a passive legal good, but as a dynamic allocation process, contributing with the elements to construction of a new meaning for the biodiversity protection, which includes especially the sociobiodiversity by considering the protected areas as one of the instruments for this conceptualization.
Acesso aberto (Open Access)
Avaliação da viabilidade da legislação ambiental para o pequeno produtor rural no Estado do Pará
(Universidade Federal do Pará, 2011) CUNHA, Helen Theyla Costa da; ALMEIDA, Oriana Trindade de; http://lattes.cnpq.br/0325909843645279
Acesso aberto (Open Access)
Competência dos municípios quanto à proteção das áreas de preservação permanentes urbanas: um olhar jurídico a partir da ocupação no bairro Empa em Cáceres - Mato Groso
(Universidade Federal do Pará, 2016-05-19) DANTAS JUNIOR, Luiz Emídio; IRIGARAY, Carlos Teodoro José Hugueney; http://lattes.cnpq.br/5563960646899699
In this approach the issue of jurisdiction of the municipality for the protection and preservation of Permanent Urban Preservation Area was analyzed in the theoretical and practical aspects, with reference to the occupation of the EMPA in Cáceres-MT from the documents of Public civil investigations brought by the Public Ministry of State.This is a bibliographic study, with investigative and descriptive nature, where through transcription technique, preparation of conceptual map and content analysis enabled the systematization of information on the display in the course of inquiries, referrals and determination to resolve the conflict.This analysis emphasizes the municipality's competence to act in the protection, preservation, conservation and surveillance of the Urban Areas of Permanent Preservation, which requires the municipality the existence of legal, efficient and effective administrative structure, and even planning programs and projects for the development of environmental policy to ensure social interests and environmental balance.
Acesso aberto (Open Access)
O conjunto arquitetônico, paisagístico e urbanístico: o tombamento de Cáceres-MT
(Universidade Federal do Pará, 2016-06-17) MATOS, Elzira dos Santos; DIAS, Daniella Maria dos Santos; http://lattes.cnpq.br/1345611606547188
The present dissertation has as purpose the analysis of legislation having the Architectural, Urban and Landscape of Cáceres-MT and the actions taken for its preservation and conservation of the public prosecutor, after its listing, beyond those specified in the Civil Investigation conducted by State and Federal Prosecutors. To fulfill the goal of this dissertation, beyond those specified in the Civil Investigation conducted by State and Federal Prosecutors, examined. The problem developed in order to answer the following questions: What are the actions specified in the Civil Investigation conducted by State and Federal Prosecutors for preservation and protection of the Architectural, Urban and Landscape of Cáceres-MT? What are the actions established by the Prosecutor's Office for preservation and protection of the Architectural, Urban and Landscape of Cáceres-MT, after your listing? Although the listing been effected in local, State and federal spheres, much to be done, continue the demolitions and abandonment of buildings by the owners and little oversight of municipal and State Government. One can see that the sphere of municipal, State and federal preservation order did not change the conservation of architectural and Urban Landscape Set of Cáceres-MT long. It is expected for public policies for conducting effective surveillance, and actions such as the physical recovery of the properties listed to be held by municipal and State powers, but, above all, heritage education to residents and local merchants listed, as well as the entire population about the historical and cultural formation of the municipality, for the effective preservation. It is believed the tipping as fundamental tool for the preservation of memory and brazilian culture, whose socio-economic changes are important and should be included, but the preservation is the fundamental object of tipping.
Acesso aberto (Open Access)
O Desafio da gestão pública hídrica sustentável no Município de Belém e seus aspectos legais
(Universidade Federal do Pará, 2017-10-03) FERREIRA, Melina Medeiros dos Reis; RIBEIRO, Adagenor Lobato; http://lattes.cnpq.br/7267332533770139
The present research has the purpose of investigating public policies carried out by the Municipality of Belém, with emphasis on the goals of the National Water Resources Policy (PNRH) and the State Policy on Water Resources (PERH), and sustainable and dignified access to water as a right by citizens. The research is justified considering the worldwide concern with access to water, where in Brazil, in particular, the importance of public water management in preventive and effective way, especially in the municipal sphere, is even foreseen, even for municipalities located in a region abundant in resources such as the Amazon. Thus, the theoretical basis of the research is based on three aspects: the water management of the Municipality of Belém and the promotion of water resources in the municipality; the presentation of the municipalities as a managerial subsystem within the PNRH; and the importance of the municipalities themselves for local water development. Finally, the question of the effectiveness of municipal water management as a guarantor of trans-individual rights of access to water is based. Therefore, the methodology used is documentary in nature, starting with a descriptive research, of transversal temporality, with a qualitative and correlational design. Results and recommendations are presented noting that the Municipality of Belém, in general, does not have a Public Water Management that favors local development, requiring a system that institutionalizes it, and promotes municipal water policies appropriate to the municipal region.
Acesso aberto (Open Access)
Os desafios da gestão dos resíduos sólidos no Amapá: o caso dos municípios de pequeno porte
(Universidade Federal do Pará, 2016-06-24) LIMA, Janira Damasceno de; FLORES, Maria do Socorro Almeida; http://lattes.cnpq.br/8875436559577793; FARIAS, André Luís Assunção de; http://lattes.cnpq.br/5310171409459863
This dissertation evaluates the challenges of solid waste management in small municipalities in the state of Amapá, in the view of the National Policy on Solid Waste-PNRS, aimed foresees solving problems related to health and environmental protection, from division responsibilities (society, government and the private sector) .These municipalities are face difficulty to meet these provisions, mainly by financial problems and the ecological condition of the state, with about 70% of its territory consists of sheltered area, which ultimately restrict the place for the implementation of landfills and increases the requirement for the preparation of plans. Given this circumstance and the observation that in the state there are few studies addressing the topic, this research sought to survey these challenges and the actions of those involved from the diagnosis made in fourteen municipalities. The study was conducted in two stages, the preliminary (bibliographic survey) and confirmatory (questionnaires with Public managers and visits to municipalities). With the data it was possible to mount the diagnosis of solid waste management, indicating: 1) the actions that municipalities are adopting, 2) efforts (still considered insufficient to guarantee the determinations of PNRS), in general it was observed that the ball municipal remains oblivious to this issue, without investing in this policy and hasen ́t been identified any significant initiative, 3) the environmental and social problems associated with the improper disposal of waste, which demonstrate the need to think of effective public policies that promote integration between environmental legislation and urban, 4) the prospects for compliance with policy and mainly 5) measures that can be implemented (policies and joint actions for the cities that make up the research universe). Therefore proposes the construction of a permanent process of management through various actions, with emphasis on the development of Waste Management Plans, eradication of the dumps, remediation of blighted areas for activity, installation of landfills, political system deployment reverse and selective collection, which hasen ́t been met by all the small municipalities of Amapá.
Acesso aberto (Open Access)
Desenvolvimento sustentável: parâmetros para uma interpretação jurídica da sustentabilidade ambiental
(Universidade Federal do Pará, 2015-10-27) SANTANA, Raimundo Rodrigues; MATTOS NETO, Antonio José de; http://lattes.cnpq.br/4719479439779242
This study supports the idea that the meaning of the concept of sustainable development and their predominant use in the legal world deserve to be reviewed. Therefore, sustainable development should be recognized as an ideology, something that is part of a broader ideological system. It can not therefore be understood as a legal principle. It is believed that this ideal is not in a valid legal basis for dealing with contemporary social and environmental problems, interpreting them legally. By contrast, environmental sustainability, although derived from sustainable development, contains conceptual autonomy. It’s able to acts an important legal principle for interpreting the socio-ecological facts, strengthening and affirmation of the rule of environmental law.
Acesso aberto (Open Access)
Direito e populações/povos tradicionais no Brasil: da revisão à crítica de aplicabilidades e definições acadêmicas/jurídicas/legais
(Universidade Federal do Pará, 2012) RAVENA CAÑETE, Thales Maximiliano; ANTONAZ, Diana; http://lattes.cnpq.br/7547028254641362
This essay aims to present the legal needs of different socio-environmental reality that bloom from Amazon, focusing especially on the stage of traditional populations. Use as an argumentative basis Bourdieu's reflections, especially using the concept of symbolic capital and field developed by the author. Through a literature originating in the Amazon region, describes in a critical way the socio-environmental context of the region, detailed for the look from the experience in collecting data for research. It highlights in particular the gap between the development of the rule in the legal field and the reality experienced by traditional peoples. Points the juridical fetishism as responsible for the legal invisibility of native juridical practices that regulate, in a informal way, the socio-environmental scenario of the Amazonian.
Acesso aberto (Open Access)
A efetividade do direito à informação ambiental
(Universidade de Brasília, 2004-10-27) BARROS, Lucivaldo Vasconcelos; AGUIAR, Roberto Armando Ramos de; http://lattes.cnpq.br/0714758775231902
This research presents a reflection on the right to information as an instrument for strengthening participatory processes in the defense of environmental heritage and in harmony with the principles of sustainable development. Its main focus is on the transfer of information during the public hearing stage in environmental licensing processes. The principles, concepts and practices of the public participation process are analyzed, especially those regarding the dissemination of environmental information. The interferences in its access, as well as its origins and typologies are indicated, from the most common communication barriers to structural political and economic influences. Consequences due to difficulties in the access to information are shown as well as their reflexes on the role of law and ethics in the process. Historic and conceptual issues of the Rule of Law are presented in order to approach the right to information in a broader way, particularly as an instrument of democracy. The importance of democracy in the awareness of environmental protection is stressed. The importance of public information and a legal view of the right to environmental information in a national and international level is presented. Environmental management aspects in Brazil such as the environmental impact assessment process are taken into account as well as a study on public hearings as instruments for access to environmental information. This approach is based on interviews with different stakeholders and on research developed upon documents of public hearings in three processes of federal environmental licensing of hydroelectric projects. The analysis based on documents as well as on interviews helped consolidate the theories and hypothesis formulated in this research. A need for behavioral changes in the current practices is indicated, especially regarding the transparency of those demanded by the government in order to incorporate ethical principles capable of effectively transforming those practices.
Acesso aberto (Open Access)
Espaços territoriais especialmente protegidos como instrumentos jurídicos de defesa dos povos da Amazônia: uma análise dos riscos socioambientais da expansão da soja geneticamente modificada
(Universidade Federal do Pará, 2010-12-17) DIEHL, Diego Augusto; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
This dissertation aims to analyze some special protected areas as in Brazilian law, from the social-environmental perspective and ethically committed to the people of the Amazon, identifying limitations and possibilities of these areas to defense the people against the potential impacts produced by the introduction of transgenic soybean in the region. For this, analyzes the historical process of integration of the Amazon in the currently world system, under a combined and uneven development, marked by many conflicts, violence and “land grabbing”. In this context, it sought to identify the specifics ways that the highly capitalized agribusiness of soybean enter in the region, with the key-concept of geopolitics, witch produces the birth of biopolitics with the introduction of biotechnology. The legal form of GMO is then analyzed as a product of biopolitics, occasioning a series of social and environmental risks not yet fully understood by science, and calling for this reason the application of the precaution principle. Although this principle constitute itself as a pillar of the Brazilian Environmental Law, it was unconstitutionally removed from the legal regime of transgenics, creating controversies including about the legal possibility of cultivation of GM varieties in the vicinity of territorial specially protected areas. Analyzing the current process of introduction and expansion of GM soya in the Amazon, where exists an enormous social and environmental diversity and with plenty special protected areas, it gives a legal interpretation on a social and environmental way, consistent with the Federal Constitution of 1988, in terms of the current legal regime for the cultivation of GM crops in the vicinity of protected areas, indigenous lands and maroon territories, selected because of the potential action of Amazonian people on resistance and insurgency against the dominant design of dominator Wholeness, that, in producing their victims, also produces the historical possibility of the organization and political mobilization of these victims to build a political project of liberation.
Acesso aberto (Open Access)
A importância da definição das áreas de influência(AI's) no licenciamento ambiental para a sociedade - estudo de caso: as minas de caulim no município de Ipixuna do Pará-PA
(Universidade Federal do Pará, 2009) CARVALHO, Salma Saráty de; CASTRO, Edna Maria Ramos de; http://lattes.cnpq.br/4702941668727146
Research on the relevance of defining areas of influence (AI) to society, approached about Environmental Impact Assessments (EIAs) for projects of mining. We analyzed eleven (11) Environmental Impact Studies, filed with the State Secretariat of Environment - SEMA, involving the decade from 1990 to 2000, and laws and specialized literature. Therefore, it was addressed to mining in the state of Para and the licensing process, defining areas of influence in mining projects and the creation of six criteria, specific to this thesis, with the aim of AI's out in 11 EIA's for the middle anthropic. The test results led to detect the reasons that confirm the relevance of AI's, as well as implications associated with the quality of the EIA and its functionality to society. Seeking grants that strengthen the argument made about the relevance of AI's work has been done in the field of mining of kaolin. These mines have been operating for over 10 years, and it was possible to see some changes in their AI's. The result of the field, confirmed the analysis made in the 11 EIA's, it was clear notice that the decision to select and set the AI's, presented in the EIA's aiming the licensing of mines kaolin, triggering consequences for the local community that can influence the course of life of the licensed project. Finally, there is awakened the need for development of scientific studies that are able to contribute with specific methodologies for the definition of AI's for the Amazon region and thus, treat the licensing process from legislation directed the Para state.
Acesso aberto (Open Access)
Indicações geográficas, produtos tradicionais e desenvolvimento territorial na Amazônia: um olhar sobre o projeto de indicação geográfica da farinha de Bragança
(Universidade Federal do Pará, 2015) OLIVEIRA, Amanda Borges de; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
To investigate the potential of geographical indications for products of agro-biodiversity protection, traditional knowledge derived, is the main objective of this academic work. This is a case study from the Geographical Indication project that is being developed for flour traditionally produced in Bragança, in the state of Pará. Bibliographical and field surveys were conducted. The literature, by reading scientific production, was designed to understand the main concepts covered in this paper, such that the notion of biodiversity, geographical indications, traditional knowledge products and territorial development, also were analyzed documents provided by some of the actors involved in the Geographical Indication project. The field research was aimed at gathering information on how the project is being developed and in which stage it is. From the studies and the analysis of information collected in the field, came to the conclusion that, for the agro-biodiversity products protection, derived from traditional knowledge, it is necessary that the Geographical Indication project and its subsequent management are guided by an idea of territorial development, seeing the various aspects surrounding the product, and therefore the registration of Geographical Indication as a consequence of the observation of the needs in the entire production chain flour and reality of the region that is intended determine as the geographical area.
Acesso aberto (Open Access)
O mecanismo de desenvolvimento limpo como mitigador do aquecimento global e a participação do Brasil
(2009-06) COTA, Raimundo Garcia; REIS, Maria Aparecida Martins Cardoso; VALE, Lorena Alves do
This study of economic-environmental relevance emerges from the problem of the Global Environment in order to analyze the Mechanism of Clean Development (MCD) as an efficient tool, which can contribute to the mitigation of the Greenhouse Effect Gases (GEG) through the fulfilling of emission reduction goals pre-established by Kyoto Protocol. One examines the participation of Brazil as a hosting country of MCD projects. One concludes that, although the implementation of the MCD reduces the global cost of reduction of greenhouse gases emissions by developed countries and supports initiatives which promote sustainable development, the lacking of major specificity in the rules of the mechanism can open precedents to the right of polluting. One understands that the mechanism cannot be restricted only to the fulfillment of goals, but it is fundamental that it works as discouragement of pollution in its origin, according to the proposal of sustainability, north of the weather environmental policy.
Acesso aberto (Open Access)
Mineração e compensação de exploração mineral a CFEM como instrumento jurídico econômico de política ambiental
(Universidade Federal do Pará, 2016-03-16) PEGADO, Myrza Tandaya Nylander; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
This work investigates how the municipality uses the property income from the holding of mineral resources, provided for in art. 20, paragraph 1, of the Constitution and defined by ordinary legislation through the Financial Compensation for the holding of Mineral Resources (CFEM). The research method used, due to the nature of the research strategy, was the analysis of specialized bibliography, composed of books and articles that guides the current debate regarding the use of CFEM as an economic legal instrument, their form of incidence, assessment and use of their resource. Also was used the analysis of financial and social concrete data of the micro Parauapebas region, aiming to understand, analyze and interpret the use of the CFEM revenue, in a representative region, once it consists of two of the major mining districts of the country. The results pointed to a failure in the use of resources coming from the CFEM, since we observed that they are not applied to prepare the region for the depletion of the mine.
Acesso aberto (Open Access)
Mudanças climáticas e a proteção dos direitos das populações tradicionais: análise do projeto de REDD+ no estado do Amazonas, Brasil
(Universidade Federal do Pará, 2012) COSTA, Marcela Ferreira; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
Multiculturalism has influenced Law to attribute special rights to culturally diverse groups, which includes traditional peoples. From the multicultural perspective, these rights must be observed, where relevant, in every situation involving traditional peoples. One of these situations is the REDD+ mechanism (Reducing Emissions from Deforestation and Forest Degradation, and the role ofconservation, sustainable managementof forestsand increasingforest carbon stocks). In Brazil, one of REDD+ initiatives is the REDD+ Project at Juma’s Sustainable Development Reserve (SDR), located in State of Amazonas. From the analysisof thedesignof REDD+the Juma Reserve, it is concluded that, to meettenure rights,REDD+should, among others, prioritizethe settlementof the possessionsof traditional peoplesand should not prohibitthe access ofsurrounding traditional peoplesto the project area.To respectthe rightof useof natural resources, the REDD+should, among others,avoidaffectingthe traditional practices of the groups involved and should recognizethe ownershipof carboncreditsto traditional populations. Torespectthe right ofprior and informed consent, REDD+should, among others, observe the forms of representationof the traditional and seek the consentin allits stages, through aparticipatory processand withappropriatediscussion.Finally, to meetthe right offair and equitable benefit sharing, REDD+should, among others,providebenefitsthat meet the realneeds oflocal groups, andshould seekthat benefits areproportionally and equally distributedbetween the communities, without distinctionbetween thoseinside theproject areaand its surroundings.
Acesso aberto (Open Access)
A natureza jurídica da reserva legal e sua aplicabilidade em áreas habitadas por populações tradicionais
(Universidade Federal do Pará, 2010-12-06) FERREIRA, Dauana Santos; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
This paper has studied the legal reservation area, seeking to analyze the juridical nature of this Institute, by means of a Brazilian forest code historic evaluation. This research shows that the legal reservation area is an environmental protection instrument. Its incidence belongs directly on the property right. So, the legal reservation area is obligatory to all private rural properties and possessions in order to fulfill its socio-environmental function. This shifting also verifies in what areas inhabited by traditional populations (extraction reservation, sustainable development reservation, agro-extraction settlement project and Quilombola territory) the legal reservation area will be compulsory.
Acesso aberto (Open Access)
Pagamento por serviços ambientais: perspectivas para a proteção e uso dos recursos naturais
(Universidade Federal do Pará, 2009-08-31) SÁ, João Daniel Macedo; BENATTI, José Heder; http://lattes.cnpq.br/6884704999022918
Payment for environmental services (PES) is a collective strategy which incorporates a new model of management for public policies and private instruments for environmental conservation. This work analyses the viability of PES models in the Amazon region, looking at the Latin America experiences. We will demonstrate that it is essential to identify the services provided by the ecosystem to determine supply and demand in the market. We will also show that the viability of the schemes depend on the capacity of the agents for contracting, which demand an accurate analysis about property rights on the selected regions. Under the Brazilian law, so far, there is no explicit recognition of the environmental services to enable a financing system that could be used to recover deforested lands and also guarantee the accomplishment of environmental law.