Adequação ambiental de propriedades rurais à luz da constituição federal e da ecologia

Abstract

Small, medium or large landowners have a duty to adapt their property environmentally according to the new Forest Code. In this process, an integrated interpretation of legislation is important in order to reconcile rural productivity and environmental conservation. The present work aims to offer guidelines that help the adequacy of rural properties at the time of interpretation of the Forest Code. In order to do this, we first present to the rural landowner the basic elements of interpretation of environmental laws, proving that: (a) Brazilian legislation is organized in a hierarchical structure in which the Federal Constitution represents the higher law and therefore all other laws , including the Forest Code, should be interpreted in their light; (b) the Constitution guarantees the right to property insofar as it fulfills its social function, raising the possibility of penalties associated with noncompliance with this provision; (c) the constitutional fulfillment of the social function of property requires the fulfillment of certain environmental requirements, such as the adequate use of available natural resources and the preservation of the environment; (d) The Constitution establishes the right of present and future generations to an ecologically balanced environment, giving the Public Power and the community the duty to defend and preserve it. Based on this knowledge, two examples will be presented on how to interpret laws that deal with rural properties (Law on Agrarian Reform and Civil Code) in light of what is determined by the Federal Constitution. Next, we suggest how elements derived from ecological science can guide the interpretation of the constitutional text, clarifying that: (a) rural property has ecosystems that are essential service providers for the maintenance of environmental quality, productive capacity of the property and well-being human; (b) biological diversity is related to the resilience and resilience of ecosystems, influencing their ability to provide services over time; and, therefore, that (c) compliance with the environmental requirements of the Federal Rural Constitution depends on ensuring the maintenance of local biodiversity. Finally, we propose guidelines for interpretation and application of the Forest Code based on the content of the Federal Constitution and elements of ecology, as well as legal pieces produced by the Federal Public Ministry.