Legal aspects regarding the buffer zone of protected areas: case study of Assis Ecological Station (São Paulo State, Brazil) / Análise dos aspectos jurídicos correlatos à zona de amortecimento de unidades de conservação: estudo de caso da Estação Ecológica de Assis (SP)

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

Buffer zones of the natural reserves have been considered as the most powerful instrument to prevent environmental impacts to the ecosystems coming from the neighboring areas. Their efficacy, however, is controvertible and that was the subject of the present case study, concerning to Assis Ecological Station, an integrally protected reserve from the Forestry Institute (Environment Secretary of São Paulo State). The aims of the study were: 1) to analyze the existing juridical tools concerning to the buffer zone of natural reserves; 2) to diagnose the anthropic activities already existing in the buffer zone of Assis Ecological Station, and to hierarchize them according to their threat level and possibility of solution; 3) to analyze the legal instruments dealing with these threats, searching for possible gaps and conflicts; 4) to evaluate the efficacy of Resolution CONAMA 13/90 in preventing new impactant activities to be installed in the buffer zone of Assis Ecological Station. Impactant activities already existing, which had been previously diagnosed by the sustainable development plan for Assis Ecological Station buffer zone, were hierarchized according to their threat level and possibility of solution by means of management actions. To the five more important threats (urban expansion, landfill, agriculture expansion, animal invaders and refuse material disposal), the correlated legislation was analyzed. For most cases the existing lows are just not executed. To verify the efficacy of Resolution CONAMA 13/90, a total of 155 lawsuits were analyzed. The most frequent impact to the natural resources has been related to the conversion of pastures into agriculture (35.5% cutting trees requested and 31% concerning the riparian zone reforestation, which is obliged). Against the law, only 8% of the lawsuits were submitted to the managers of the protected area and, from those which were submitted, in most cases, the opinion of the managers did not change the final sentence. The law is not clear in classifying a required undertaking as potentially impactant or not and that is supposed to be the prime condition to be mandatory the managers opinion. We consider that the existing juridical instruments stating the buffer zone have not been sufficient to prevent environmental impacts to the natural resources of the protected areas. Prevention depends on environmental education of the neighboring communities, and also reinforcement of the buffer zone existence before environmental licensing and inspection agents or decision makers working on territorial ordainment in the municipalities.

ASSUNTO(S)

licenciamento ambiental environmental licensing natural reserves buffer zone zona tampão environmental legislation snuc Áreas especialmente protegidas resolução conama 13/90

ACESSO AO ARTIGO

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