A eficácia dos instrumentos jurídicos de proteção das áreas de restrição ambiental no município de Montenegro / Rio Grande do Sul

Abstract

For reasons of survival and need for social interaction, historically, cities have always been formed by human agglomeration close to the best possible natural resources. This practice led to the formation of irregular and unplanned urban spaces that progressively expanded by appropriating the natural heritage of the territories in an unlimited way. This form of urban expansion, currently, is tacitly accepted, although prohibited by the current normalization. What happens is that the absence of control and control over the areas of environmental interest makes the Public Power connive with this systematic and constant degradation. The Federal Constitution, in its provisions, provided the municipalities with autonomy so that they could conduct local socioeconomic development planning and land use planning, aiming at the healthy quality of life of the population and the sustainable development of the site. The present work thus traces some lines about environmental degradation due to the irregular expansion within the Municipalities and the importance of the use of Public Policies and the popular participation when implementing the Environmental Zoning and the Master Plan as environmental protection tools. Starting from the line of research Environmental Law, Public Policies and Socioeconomic Development. The objective is to discuss and enable the establishment of a relationship between the use of Public Policies and popular participation when using environmental impact mitigation tools to prior planning within Municipalities and effective environmental preservation using existing environmental legislation. Thus, through the analysis of land use and occupation of an intentional area of the Municipality of Montenegro - Rio Grande do Sul, it was confirmed the premise that in the region, because it has a wide normalization with the scope of protecting the areas of environmental restriction and previous studies of land use and management that allowed for public participation in decision-making processes significantly control urban expansion in the Municipality over the areas of environmental restriction, thus verifying the importance of carrying out a serious, technical and well-planned prior planning. such as the use of Municipal Public Policies combined with participatory democracy and as instruments for modifying the attitude of citizens and as a means of conversing the local natural public heritage.