Análise dos instrumentos legais de proteção ambiental para exploração da silvicultura de espécies exóticas do gênero pinus e eucalyptus no Estado do Rio Grande do Sul (Brasil) e na Argentina sob a óptica do direito comparado

Abstract

This dissertation is part of the research line "Environmental Law, Public Policies and Socioeconomic Development" of the Graduate Program in Law of the Center for Juridical Sciences of the University of Caxias do Sul, aiming to analyze the phenomenon of silviculture of exotic species of the genus Pinus and Eucalyptus as an economic activity possibly causing environmental impact, which demands intervention and control of the State in the face of the constitutional power-duty to protect and ensure a healthy and balanced environment for present and future generations. It outlines the objectives to be achieved, scientific research on the main impacts on the environment caused by their large-scale implementation in the soils of subtropical countries, the pertinence of the formulation of public policies and environmental norms that restrict or impose constraints on their exploitation, and as it was proposed to analyze and compare the existing constitutional and infra-constitutional norms in force in the State of Rio Grande do Sul and in the Argentine Republic, regarding the environmental authorization of their realization, so that once existing legislation is compiled, subsidies to determine if the legal system of the States object of this study adequately promotes the sustainable development of the activity. The research is divided into three chapters - one to deal with forestry, another to address the ordinary protective instruments of state intervention in economic activity in Brazil and Argentina, and a third that addresses the analysis of specific legislation on activity in the States under focus, compared. It uses the deductive method of approach, as part of a general analysis of the theme for an understanding of the particular case, and the analytical-descriptive and qualitative method of procedure, making theoretical reflection on the activity of forestry, environmental licensing and impact study environmental instruments as ordinary public policy aimed at environmental protection in Brazil and Argentina respectively, as well as these instruments specifically applied to the regulation of forestry. Although the main source of research has been the doctrine, especially the books and articles specializing in the subject, legislation, international declarations of rights and electronic websites have been used. At the end, it concludes that the forestry of exotic species, mainly of invasive species - Pinus case – can cause socioenvironmental impacts capable of justifying the existence of environmental licensing or an analogous instrument of control by the environmental authorities; that in both Rio Grande do Sul and Argentina there are infra-constitutional legislations that require environmental authorization for the exercise of the activity, and in the first, environmental licensing and environmental impact studies are used as instruments, while in Argentina, only there is a simple presentation of the environmental impact study. Finally, it concludes that the Rio Grande do Sul legislation, despite having been made more flexible to make compliance with the environmental zoning of the activity, as well as having implemented the possibility of self-declaration licensing, still present greater environmental security than the fragile Argentine environmental protection system, at the service much more of the incentive of the economic exploitation, than of the environmental protection.