O retrocesso ambiental com o advento da Lei n. 12.651/2012 : uma análise dos arts. 61-a e 61-b à luz da proteção das áreas de preservação permanente

Abstract

This article will reflect on arts. 61-A and 61-B of the Forest Code, with regard to the Permanent Preservation Areas (APP’s). Currently, the debate on the protection of the environment is in vogue, taking into account the current stage of devastation and destruction of natural resources in the name of economic development. In the midst of the urgent discussion on the protection of environmental resources, it is necessary to carry out a thorough analysis of certain provisions of Law no. 12,651, enacted on May 25, 2012, known as the Forest Code. Arts. 61-A and 61-B of said law, will be analyzed in order to understand them from the perspective of art. 225 of the 1988 Citizen Constitution, which earned the protection of the environment as a Fundamental Principle. In this sense, an analysis will be carried out in relation to the Permanent Preservation Areas, the APP's, and how the provisions 61-A and 61-B of the Forest Code face the Constitution and were even the target of Direct Actions of Unconstitutionality (ADI).