THE OBLIGATION TO RECOMPOSE THE SUPPRESSED AREA IN ACCORDANCE WITH THE FEDERAL CONSTITUTION AND INFRA-CONSTITUTIONAL FEDERAL LEGISLATION

Abstract

This work aims to emphasize the obligation to recompose areas of native vegetation suppressed without authorization from a competent environmental agency, in accordance with the Federal Constitution of 1988 and other infra-constitutional federal legal norms, especially the Forest Code of 2012. For this work, for areas of native vegetation, only Legal Reserve and Permanent Preservation Areas were considered. The methodology used was a bibliographic research, where authors who made the theme relevant beyond federal legislation and the Federal Constitution were sought. It was found that the obligation to recompose is "propter rem", and the holder of the use of the property is obliged to recompose the suppressed or degraded area, even if it was not the cause of the environmental liability. Legal Reserve and Permanent Preservation areas must contain a minimum percentage defined according to the 2012 Forest Code, depending on how the rural property was before or after June 22, 2008 and also depending on the size of the property. It is noted that in the national legal system there is a specific law for the recovery of degraded areas, becoming the National Policy for the Recovery of Degraded Areas. Thus, it is the duty of the public authorities and the community to maintain the ecologically balanced environment, in which the restoration of suppressed or degraded areas is one of these duties.