Análise dos termos de ajustamento de conduta firmados pelo Ministério Público de Goiás em áreas de preservação permanente rurais na bacia do rio Meia Ponte

• Autor(a) principal: Jordão, Luciana Ramos
• Data de Publicação: 2021
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Repositório Institucional da UFG
• Texto Completo: http://repositorio.bc.ufg.br/tede/handle/tede/12091
• topic: Desenvolvimento rural; Direitos humanos; Agronegócio; Interesse público; Direitos difusos; Rural development; Human rights; Agribusiness; Public interest; iffuse rights. rural; CIENCIAS AGRARIAS::AGRONOMIA::CIENCIA DO SOLO

This research analyses the results on damage recomposing in Permanent Preservation Areas located in cities that integrate the Meia Ponte River basin by verifying the Alternative Dispute Resolution Agreements (ADRs) in which Public Prosecutors take part. The research maps the judiciary districts and links them to environmental crimes committed between 2017 and 2019. After selecting five districts that would have their ADRs examined, it identifies the agreements that mentioned damages on Permanent Preservation Areas from 2014 to 2021. The agreements are read and described according to the research criteria. It identifies minimum patterns of content and validity considering existence, validity and efficacy criteria of contracts, and it’s interest in total repairing the damage caused to the environment. These criteria are systematically organized so that they can be user to analyze seven ADRs that were found during the research. The goal, during this step, is to examine if the agreements comply with minimum technical quality required by Brazilian Law. Also, it identifies five rural properties belonging to the ADRs participants in order to verify them by satellite images. These images permit temporal comparison of the areas and make it possible to see if there are Permanent Preservation Areas and Legal Reserved Areas that still have to be recomposed and the proposition on doing so according to the Rural-Environmental Registration. By qualitative analyses, the research concludes that the criteria stablished by Escada Ponteana are not sufficiently complied by the ADRs in which state Public Prosecutors take part. Important data on the parts, on the areas and on the obligations are not mentioned of forgotten. The restoration of the damaged areas was not verified in any of the rural properties analyzed. Public Prosecutors value documents over the reality of the areas and the possibility of complying with the ecological role. The way public officers deal with areas under Forest Code protection, even though it is easy to access data from the Rural Environmental Registry (CAR) and it is possible to use remote sensing techniques, is not efficient and uses TACs as instrument to oversee environmental damage.