Proteção legal das áreas de preservação permanente no entorno de hidrelétricas no Estado de Minas Gerais

Abstract

The environmental degradation results are mainly related to any break of the law, many times with the complicity, or some times supported by the government. The impacts in the nature caused by hidro-electrical enterprises are well known, in special the damages related to the permanent preservation áreas (APP). Minas Gerais State, as large electrical producer, has a significant contribution to that damage. This work research Federal and Minas Gerais State legal rules related to the Permanent Preservation Áreas (APP), in order to evaluate the reliability of the law to protect the Minas Gerais State lakes's neighbourhood. It was analyzed the scope of the both legal rules with their implications under a literature review in ali sort oflegal documents, studies and jurisprudence storages. An immediate result was the inability of the Minas Gerais State Law to be as much protective as the Federal Law, the superior law, been clearthe rivalry between them. The protection offered by the State Law is the civil servitude which is less protective if confronted to the dispossessment, the Federal Law institute. One difficult is related to the responsibilities and rights transferred to the enterprise. While in the Federal Law the responsibilities and rights are given to the enterprise, inthe State Law it notisclearthe rights and the obligations, with the absence of a clear environmental tutor. The fragility of the Minas Gerais State Law can be by-passed by the addition ofsome statements in the civil servitude and normalization adopted by the related environment bureau in order to transfer to the enterprise the clear duty to take care of the nature around the lakes.