O novo código florestal: seus fundamentos legais e temas controversos

• Autor(a) principal: Sousa, Maria Luiza Cardoso de Campos
• Data de Publicação: 2013
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35474
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PUBLICO::DIREITO TRIBUTARIO; Desenvolvimento sustentável; Código florestal; Fundamentos legais; Constituição Federal; Incompatibilidade; Área rural consolidada; Área de preservação permanente; Environmental law; Forest code; Sustainability development; Social function of the rural property; Incompatibility

The main propose of the following research is to analyze, in general terms, the new forest code, keeping the attention, firstly, into the essential concepts formulated by the law, and, secondly, examine specifics elements which seems to be contrary of it. In spite of that, considering the short period that the law has passed it must be alerted that no judging understanding has been developed yet. The sustainable development and the social function of the rural property, are the two principles serve as basis for the forest code, and this implies that these are the goal the law seek to reach, because of this, the first two clauses of the law faces that subject. In fact, that modern vision of deal with the forest and the natural resources is high privileged nowadays because stimulates a harmonic dialogue between economic growth politics and environmental protection. In addition of that, the law proves to be in accordance with constitutional ideals, especially the articles 225 and 186 of Brazilian’s federal constitution, whose primary purpose is the formulation of a new concept of the agribusiness activity, including in its ends environmental and social aspects, promoting, thus, an improvement in living standards. Despite the legal development, the truth is the forest code, specifically in some subjects, proves that Brazilian’s mentality still afraid of assuming the concept of the sustainability development such as the social concerns of the rural property. In particular, what proves this fact is the institute which allows the government amnesty from fines for illegally clearing trees before July 2008, although larger landholders would have to replant most of the cleared area or preserve the same amount of land elsewhere