Proteção jurídica das áreas úmidas e os direitos socioambientais / Wetlands protection and the socioenvironemental rights

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

Wetlands are transitional ecosystems, located between the land and the aquatic environments, sharing characteristics of both areas. Can be found in bays, estuaries, deltas, coral reefs, salt marshes, mangroves, coastal plains, bogs, dunes, swamps, riparian forests, leas, rice fields, etc. The modern capitalist societies have been over exploring these wet ecosystems, leading them to its destruction, along with the traditional people that keep their lifestyles associated to the wetlands. In this context, environmental law has a relevant role on wetlands protection, in a socioenvironmental perspective. First, the research deals with the nature of the collective rights and the nature of the socioenvironmental riches, dealing after with the wetlands protection on Brazilian and international law, specially on the Brazilian 1988s Federal Constitution and the Ramsars Convention. The research shows that the obligations taken on by Brazil in that treaty have a materially constitutional nature, being included among the constitutional fundamental rights, specially the wetlands wise use clause, along with the fundamental ecological processes preservation and the existence of protected areas. The existence of these rules, however, doesnt prevent the occurrence of juridical, social environmental and economic conflicts on the implementation, especially with regard to the economicalspatial demands and the rights of the traditional peoples that have their lifestyle attached to the wetland environment. On conclusion, its stated that there is a strong need to understand the wetlands protection in the actual context, in order to, in the future, make possible wetlands protection and conservation, for the present and future generations.

ASSUNTO(S)

recursos naturais - conservação proteção ambiental direito ambiental direito

ACESSO AO ARTIGO

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