Popular participation in the creation of Marine Protected Area: the case of the Canavieiras Extrativist Reserve

• Autor(a) principal: Dias, Micheline
• Data de Publicação: 2019
• Outros Autores: Gomes, Rahíssa, Batista, Samene, Campiolo, Sofia, Schiavetti, Alexandre
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/78023
• topic: Law; Legitimacy; SNUC; Marine Protected Areas; RESEXCanavieiras; Direito; Legitimidade; SNUC; Área Marinha Protegida; RESEXCanavieiras

The article aims to analyze the applicability of the Brazilian legal system, with regard to legitimacy, focusing on popular participation, for the creation and management of the extractive reserve of canavieiras, a marine Protected area (mPa). the motivation for this study is based on the global policy for the coastal/marine biome conservation, which mainly consists on the establishment of marine Protected areas. the magna carta of 1988 imposed, in art. 225, § 1º, iii, the responsibility of creating these Protected areas to the Government, with the purpose of coastal/marine biodiversity protection, as long as it complies the criteria related to legality and legitimacy, for being in a democratic state of law. a research on environmental law and human rights was made, with the aim of checking initially which regulatory demands and if these were fulfilled, as the popular participation of the populations directly affected in the creation and management of the conservation unit. therefore, the results obtained shows that in spite of decentralisation of the existing rules, these set out the criteria that must be observed for the strengthening and adequate development of mPa, complying with the principles of legality and legitimacy, so it can become a legal and legitimate environmental policy. thus, a review was made of those principles from the perspective of canavieiras extractive reserve for being the latest and despite having achieved major economic interests in the area, it has fulfilled the requirements regarding the legality and legitimacy, although it has been going through several questions about the regard of your creation. the first method applied was qualitative research, with collected information of secondary data, using initially of bibliographic and documentary research in order to draw the necessary legal requirements, with regard to popular participation, for the creation and management of a marine conservation unit. for the verification of the popular participation when setting up and managing the mPa of canavieiras, in addition to the use of the method of semi-structured interview with the manager of the area for the period of 2015, with the purpose of verifying compliance with the requirements regarding popular participation, institutional documents such as minutes of the council of unit were also examined.