Aspectos legais do entorno das unidades de conservação brasileiras: área Circundante e Zona de Amortecimento em face à Resolução CONAMA nº 428/2010

Abstract

The implementation of Conservation Units (CU) is considered the most effective strategy for protecting natural areas whose conservation also depends on the monitoring of activities located in the surrounding areas, which can interfere significantly in the conservation of biodiversity of the CU. This study aims to examine aspects of the Brazilian law relating to the surroundings of the CU’s, especially the relationship and situation of the Surrounding Areas (SA) and Buffer Zones (BZ) in the face of CONAMA Resolution No. 428/2010, seeking to interpret the conservation of the CU’s in association with the establishment of enterprises in their neighborhoods. From the conservation the point of view, it can be considered that this resolution retrogressed by revoking CONAMA Resolution No. 13/1990, once it extinguished the legal form of SA, with extension to 10 km beyond the CU limits. Replacing it, arrange of only 3 km was established to the cases of licensing of enterprises that requires. Environmental Impact Studies, and 2 km for the process free of this duty. In addition, the CONAMA Resolution No. 428/2010 determined that these two bands, 3 and 2 km, will prevail only until December 2015, and, from this date on, only CU’s with BZ established will be reported or consulted during the environmental licensing, contrary to what determines the “SNUC”. It is recommended to review this resolution, placing the issues related to conservation as the main for the definition of licensing procedures in the vicinity of CU’s.