Brazilian Forest Legislation: a historical rebuilding. / LegislaÃÃo Florestal Brasileira: uma reconstituiÃÃo histÃrica

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

Brazil possesses some good environmental laws, but, the relationship between the legislation and their real effects is unavoidably very complex, because the effectiveness of the laws is always very relative. And in the case of the Brazilian forest legislation that is not different from the general rule, and it possesses some added difficulties. The forest resource was the first to receive protection of the juridical norms in Brazilian lands, not with the intention of the protection in itself, but, as good of value of interest of the public power. The forest resources during the whole Brazilian history an economical resources were considered. The present work put in a single summary, the several legislations that you/they concern the forest resources, from the discovery in 1500, until the present time. The route of the research was ruled by the political facts and as research source, the work of Osny Duarte Pereira was had - âBrazilian Forest Rightâ, of 1950, that it was the first work that treated of this theme and it represented a methodological alternative, where the objective of doing a periodic report of the Brazilian forest legislation was shown quite efficient and of easy understanding. It was made a research of pure character, by literature revision for the bibliographical and documental method, accomplished at the Library Federal University of Minas GeraisâUFMG, mainly the one of University of Right; of the Federal University of PlowingsâUFLA; I Center Academical of Plowings - UNILAVRAS; and, I Center Academical of the Education Foundation of Guaxupà - UNIFEG. The theme described in the Chapter 1 was the History of the Use and Protection of the Forests in the World. This treats the forests as mystery source, fear and surprises, where the civilization could not exist where they were abundant. The first laws of forest stamp edited by Portugal, they were consequence of the abuse in his/her use, what carted a shortage of that natural resource. The second ChapterâHistory of the Forest Legislation - Colonial Brazil, Pero Vaz of Bed described the exuberance of the forests, when the first Portuguese arrived in Brazilian lands and the predatory form of exploration exercised in the beginning of the colonization. And, the law being used to restraint a social practice, but, with the economical stamp of protection of a good. The third ChapterâHistory of the Forest Legislation - Brasil ImpÃrio portrays that the people that lived and it explored the environmental resources didn t possess any root with the Brazilian earth and the forest resources were just economical resources, that the legislation tried to protect for the government. In the fourth ChapterâHistory of the Forest LegislationâOld Republic, the forest degradation was already big, and not only in Brazil. The political changes happened in this period didn t change the Brazilian forest scenery, but they gave beginning the transformations that happened in the decades that were proceeded. The fifth ChapterâHistory of the Forest Legislationâit was Vargas the Constitution of 1988, portrays a new scenery where the glance stopped being just for the forest resources as economical interest and he/she passed worrying also with the related ecological aspect the other resources, through the edition of Codes. But, the collision was big between to take care of the natural resources or to expand the economical growth. And, as he/she could not leave of being, the legislation of this period reflects this scenery, through severe laws of protection for some natural resources and the noncompliance on the part of the society that you/they use these resources. In the sixth ChapterâHistory of the Forest LegislationâAfter Constitution of 1988, the forest resources and the whole environment where him she insert won protection in the Federal Constitution of 1988, through an own chapter, where the natural resources left his/her aspect just economical, to win protection. For this the edition of full legislation was had, be, to put in practice the statements of the Constitution, or to execute the National Politics of the environment. The accomplished analysis, it looks for the construction of the historical evolution of portion peculiar of the Brazilian juridical ordenamento, that it is the forest legislation, making a historical rebuilding of the Brazilian forest legislation, through a political historical inclination.

ASSUNTO(S)

legislacao ambiental meio ambiente legislaÃÃo florestal environmental right environment forest legislation direito ambiental

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