Banca de DEFESA: SUELEN MARIA COSTA MONTEIRO

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : SUELEN MARIA COSTA MONTEIRO
DATA : 13/11/2019
HORA: 14:30
LOCAL: campus amazonia
TÍTULO:

jamanxim national forest: protection in the name of the name of the environmental retrocess prohibition

PALAVRAS-CHAVES:

Jamanxim National Forest. Principle of Prohibition of Environmental Setback. Human dignity.

PÁGINAS: 200
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
RESUMO:

The Jamanxim National Forest (FNJ), created by Presidential Decree no. Of February 13, 2006, with 1,301,120 hectares of extension and insertion area in the municipality of Novo Progresso in the State of Pará, is located in a region of relevant biodiversity of the Amazon biome. It is no coincidence that it was inserted among the actions of the “Sustainable Forest District of BR-163” (DFS) along with other conservation units, thus forming a large protective mosaic of the Amazon. However, the research reveals, in light of the problematic issues surrounding the UC, that predominantly economic interests interfere with its effective implementation. As an example, there is Bill 8.107 / 2017, aimed at dismembering 26.45% of the FNJ area to create an Environmental Protection Area (APA). This legislative instrument violates a basic principle of ecológica constitutional law: the prohibition of environmental setback. Thus, under a legal bias, but not only, and concatenated to the factual reality, since we dialogue with methodological support of critical theory, we give visibility to this principle, given its systemic character, which demands a joint and dialogic reading of norms, integrants of a vast normative mosaic of environmental law in Brazil. The paradigmatic case of the FNJ will allow us to analyze the importance of compliance with the principle, since, in our view, it is a criterion for the protection of human dignity. From this perspective, a critical presentation of the historical process involving the creation of the UC is made, highlighting the notorious factors that threaten its environmental conservation. It also evaluates the main environmental axiological normative references, related to the foundation of the duty not to regress the environmental achievements already achieved in the treated area, emphasizing the fundamental right to the environmental good. Finally, the case of FNJ is characterized as a typical ineffective environmental management for the Amazon region, due to disrespect to the mentioned principle. For this discussion we adopted the theoretical framework embodied in the eminently bibliographical and documentary research, with an additional field visit. This time, the study intends to instigate the reflection on the delayed and archaic Government perception of development for the Amazon, from the case of the FNJ, in order to trigger a dangerous precedent of environmental degradation to other PAs.

MEMBROS DA BANCA:
Presidente - 1970094 - TULIO CHAVES NOVAES
Interno - 1983424 - NIRSON MEDEIROS DA SILVA NETO
Externa ao Programa - 1796353 - ANA MARIA SILVA SARMENTO
Externo à Instituição - JOSÉ HEDER BENATTI - UFPA