Áreas de preservação permanentes em zona urbana consolidada: análise da aplicação da Lei Federal nº 12.651/2012 e da Lei Federal nº 14.285/2021

Abstract

The Permanent Prevention Areas (PPAs) are protected areas that have a specific environmental function, in accordance to Brazilian Federal Law no. 12.651 of 2012, known as New Forest Code (NFC). Some of these protected areas are a side of continuous and intermitente watercourses. Historically these areas in urban zone were occuped by the urbanization process and still today lawless uses and occupations keep happening in side this natural resource. For quite some time the size of PPAs in side of watercourses, in urban zone, is judicial discusion reason, Where there are appliers of NFC and on the other side appliers of Land Urban Subdivision Law. In 2020 the Brazilian Superior Court faced the matter, concluding for the use of NFC for consolidated urban areas cases. In front of these facts and the repercussion of the study?s theme, the goal of this study was to analyse pratics results of conclusion about the repetitive controversy number 1010 of the Brazilian Superior Court and of the Federal Law number 14.285 of 2021 in PPAs in side of watercourses. For this, it was realized a qualitative research, with dialetic approach method and historic and monografic procedure method. The data collect by a documental and bibliografic research and descriptive and interpretative data analysis. The data and analyzes performed demonstrated that there is a mistake in the interpretation of Brazilian Superior Court about the application of the NFC in consolidated urban areas cases. Firstly, I see that in few moments the NFC does connection with urban areas in it?s text, consequentily it doesn?t conceptualize consolidated urban area and just sets topics for application in consolidated rural areas, without applying to urban areas. In front of the discomfort generated by the conclusion of the Brazilian Superior Court, the legislative branch approved the Federal Law number 14.285, in wich changed and complemented the NFC, attributing to the municipality the limitation of the PPAs in consolidated urban areas cases through territorial planning instrument. However, because of the omission of the Federal Law on establish general rules, this law loss your effect by the impossibility of municipality exercising the absolute legislative competence. Conclude that the Superior Court conclusion doesn?t protect the PPAs in urban areas, as well as it contributes with a cities susteinable development and the approved Federal Law doesn?t exclude the futures judicial conflicts about the matter. [resumo fornecido pelo autor]