Um estudo sobre a tutela jurídica conferida às áreas de preservação permanente e o processo de regularização fundiária urbana, tendo em vista as ocupações em beira de córrego

Abstract

This paper will address the legal protection afforded to the Permanent Preservation Areas and its interface with the urban land regularization process, in view of the occupations along the waterways. Aims to examine the treatment adopted by Brazilian law regarding interventions APP along streams, as well as prompt a debate about the legitimacy of public policies. Initially will talk about the process of urbanization in Brazil and its consequences to the natural and urban environment, as well as on the development of national environmental legislation, from the colonial period to the 1988 Constitution. Examine the issue from the point of view of the following legislation: the 1934 Forest Code, 1965 Forest Code, CF/88, the City Statute, CONAMA Resolution 369/06, Federal Law No. 11.977/09 and Federal Law No. 12.651/12, punctuating the emergence of the concepts of permanent preservation areas, sustainable land tenure, land titling urban social interest, urban regularization of specific interest and growing flexibility of the protection of preservation areas