Assentamentos sob a luz do direito agrário e ambiental: um estudo de caso no estado do Maranhão, Brasil

Abstract

Brazil builds its trajectory between advances and setbacks in environmental policy. Without long-term governance projects that integrate land use, social policies and environmental protection, the country does not advance in the effective application of legal norms. The Native Vegetation Protection Law - LPVN (Federal Law N°. 12.641/2012), aiming at sustainable development, establishes general rules on vegetation protection; forestry exploitation and the control and prevention of forest fires and instituted the obligation of the Rural Environmental Registry (CAR) to all rural properties and possessions, with the purpose of integrating environmental information composing a database for control, environmental and economic monitoring and combat deforestation. The dissertation is divided, in addition to the introduction, into two distinct stages: the first chapter presents a historical synthesis of the structuring of Brazilian forest policy. The second chapter analyzed the CAR records of federal settlements in Maranhão. To this end, the records of the APs' registries were processed with the aid of the QGIS software, being compared with spatial data from SiCAR, MapBiomas, INPE, MMA and IBGE. As main results, the registered PAs have an area of 2950718,60 ha and, in overlapping, 576980,17 ha were registered, linked to 18.838 properties. This indicates that 19.55% of the area of the APs has overlap. The overlaps, considering the biomes, occur in greater amounts in the Amazon with 78%, followed by the Cerrado with 22.3% and a smaller portion in the Caatinga, 0.12% of the total overlaps. With 9% of the occurrences in the North mesoregion; 68%, in the West; 0.78%, South; 15.1% in the Center and 7% in the East mesoregion. The overlaps indicate possible declaratory problems and conflicting uses of the instrument that interfere in the dynamics of environmental adaptation of the settlements to the aforementioned legislation.