Aspectos técnicos e legais que fundamentam o estabelecimento das APP nas zonas costeiras – restingas, dunas e manguezais

Abstract

The Permanent Preservation Areas (APP), the most protected areas instituted by law in Brazil, were created by the Forestry Legislation (Law 4.771/65). Due to their ecological importance in the supply of environmental goods and services to human beings and in function of its technical role in the maintenance of ecological equilibrium, the APP are recognized as areas that should be preserved. However, there is no univocal perception on this understanding, having divergent view points in relation to their objectives and functions. This work analyzed the technical aspects that justify the institution as APP the dunes, the sandbanks and the mangrove, according to what is stated in the 2nd section (article) of the Brazilian Forestry Legislation (Code) of 1965 and regulated by several CONAMA Resolutions. It could be concluded that: APP in dunes, sandbanks and mangrove were not clearly established by the Forestry Legislation and that, trying to clear the subject, the CONAMA regulated the institution and understanding of those APP; shortcomings and misunderstandings are still detected in the federal legislation, what allowed interpretations contrary to the spirit of the law in which many interpretations are not in agreement with the spirit of the Law, sometimes due to linguistic preciosity or due to the distorted use of the hermeneutics; anyway the APP should be preserved and, in case of degradation, the legislation makes it clear that it doesn’t matter the cause of the environmental damage in these APP, the environmental damage must be corrected; APP of sandbanks correspond to at a distance of 300m starting from the maximum level of the tide, except in urban areas where the protection should be of 150m; the APP of mangrove are among the ones most protected by law, intervention is allowed only in case of a “public permission act”; APP of dunes were classified in agreement to local of occurrence (coastal and inland areas) and its types (fixed and mobile), making its understanding clear and its preservation more effective; although allowing some questioning, there is sufficient researches proving the technical functions of mangrove, dunes and sandbanks in the maintenance of the ecological balance.