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On-line version ISSN 1678-4596
BORGES, Luís Antônio Coimbra et al. Areas of permanent preservation in brazilian environmental legislation. Cienc. Rural [online]. 2011, vol.41, n.7, pp.1202-1210. ISSN 1678-4596. http://dx.doi.org/10.1590/S0103-84782011000700016.
The Permanent Preservation Area (PPA), the main protected area established by law in Brazil, was established by the Forest Code (Law 4771) in 1965. Due to their ecological importance and provision of environmental goods and services to humans, the PPAs are recognized for their technical functions as areas that should be preserved. Many of these differing interpretations of the spirit of the law occur depending on the language preciosism and the distorted use of hermeneutics. The objective of this research was to analyze the main points of conflict in the interpretation, understanding and establishment of permanent preservation areas. It was concluded that there is in literature interpretations contrary to the spirit of the legal rule establishing the PPAs; the PPAs should be preserved and, in case of degradation, the legislation makes it clear that environmental liabilities should be corrected; the untouchability of the PPA is not inexorable, as the CONAMA, in some cases, may establish criteria for its use; intervention in PPA permitted by law in cases of public interest, social interest and activity and low potential environmental impact need better regulation.
Keywords : forest code; environmental legislation; nature conservation.