Áreas de preservação permanente em cursos d'água naturais em áreas urbanas consolidadas: uma análise jurídica sobre o caso do rio Capibaribe na cidade do Recife

Abstract

This study approaches the legal, social, and environmental challenges and possibilities relat-ed to the protection of Permanent Preservation Areas (APP) in urban areas, with specific focus on the city of Recife, Pernambuco, Brazil. Recognizing that unplanned urbanization and the occupation of riverbanks are established in major Brazilian cities, the research starts from the premise that the application of federal environmental legislation to these territories must be rethought - without disregarding consolidated occupations, historical heritage, and the legal security of property owners. The research combines theoretical foundations of En-vironmental Law with an empirical analysis of extreme events related to flooding in Recife. Throughout the text, it seeks to understand whether and how normative rigidity contributes to effective environmental protection in consolidated urban areas, and which alternatives may be legally sustainable in degraded spaces. The study adopts a qualitative methodology, based on bibliographic, documentary, and exploratory research, also considering the histori-cal and urban context of the city, current legislation, especially the innovations introduced by Federal Law nº 14.285/2021, and judicial decisions on the matter - particularly an analy-sis of a precedent issued by the Court of Justice of the State of Pernambuco. The findings indicate that the effectiveness of protecting urban APP requires a more flexible approach, one that recognizes local specificities, promotes environmental justice, and contributes to more resilient and sustainable cities. The study thus proposes a normative approach capable of balancing environmental preservation and the social reality of urban centers. [resumo fornecido pelo autor]