Efeitos do Novo Código Florestal sobre as Áreas de Preservação Permanente no estado de Minas Gerais

Abstract

The environmental legislation evolved gradually in seeking greater protection; however, in fact, it was hardly ever applied. Federal Law No. 12.651 of 2012 created mechanisms to render more effective the environmental regulation of rural properties to the Brazilian context, which in several cases, left loopholes for addressing more sensitive environments. The aim of this study consists of a comparative analysis of the boundaries of the Permanent Preservation Areas (PPAs) as established by the current environmental legislation (Federal Law No. 12.651/2012 and State Law No. 20.922/2013) to the detriment of previous laws (Federal Law No. 4.771/1965 and State Law No. 14.309/2002). For this purpose, PPAs around permanent or intermittent natural watercourses were selected, with less than 10 meters width at rural settlements in Minas Gerais, and the PPAs around artificial water reservoirs at the Rio Doce Basin unit in the State of Minas Gerais. The analysis was performed by classifying the use and coverage of land at the PPA boundaries defined by each legislation, the differences in the vegetation coverage quantified and, scientific arguments evaluated in favor or against the current legislation. By establishing lower recuperation ranges in consolidated rural areas around natural watercourses, variable strips of PPA in artificial reservoirs, as well as the absence of PPA in reservoirs smaller than 1 ha and, the definition of APP as being the difference between the highest normal operational range and the utmost maximorum quota for ventures with concession agreements or authorizations received before the MP 2.166-67/2001, the current legislation retroceded, since it has reduced the protected area, restricting the environmental role of the PPA.