Extemporaneous environmental legislation: an analysis of the conflicts underlying Law 3824/1960 on coarse wood removal in Brazilian artificial reservoirs

Legislação ambiental extemporânea: uma análise dos conflitos subjacentes à Lei 3824/1960 sobre a remoção troncos em reservatórios artificiais brasileiros

Abstract

This article discusses the purpose and effects of Law 3824/1960, which makes mandatory the removal of vegetation and consequent cleaning of land sites subject to flooding by the construction of artificial reservoirs. The importance of this reflection is to avoid having a law that is considered effective, though if questioned, may prove contrary to the objectives for which it was created. Thus, this article aims to awaken decision makers to the possibility that this law is considered inapplicable to the current reality, according to the social, scientific, legal and environmental advances achieved in recent years. As a specific objective, based on the findings obtained, we aim to stimulate authorities to act in favor of the elaboration of a law that will meet these advances.

Keywords:
vegetation suppression; dams; law; deviation from the legal system