FOREST CONCESSIONS AND A BALANCED ECOLOGICAL ENVIRONMENT IN THE AMAZON: CHALLENGES AND TENSIONS

Abstract

This study seeks to analyze the extent to which forest concession contracts can serve as instruments for the realization of the right to an ecologically balanced environment in the Amazon region. The hypothesis is that such instruments can realize this right, provided they are based on respect for environmental regulations, are duly monitored, and do not generate or aggravate negative externalities for the traditional peoples and communities of the region. Regarding the methodological aspects, the research can be described as follows: i) as to the approach: qualitative; ii) as to the objectives: descriptive; iii) as to the method of approach: based on deductive reasoning; and iv) as to the research techniques: it relies on bibliographic research. The presentation of the results of this investigation is structured in three parts: i) the first discusses the boundaries between economic rights and the right to an ecologically balanced environment; ii) the second highlights the attempt to reconcile the economy and the environment within the scope of forest concession contracts; and iii) the third examines the regulation of the monitoring of activities and contractual obligations within the scope of forest concessions in national law. The initial hypothesis is considered to be critically corroborated, taking into account that forest concession contracts serve as instruments that engage with economic rights and socio-environmental norms and permit the use of forests. It must be noted, however, that such use must be monitored, under the terms provided for in the governing legislation, so that the stated objectives are achieved and deviations of purpose are also avoided.