A legislação como premissa da política e da gestão ambiental

Abstract

The disordered process ofuse and occupation ofthe natural resources, mainly after the coming of the industry, it was the great cause of the largest changes in the environment Because of the immoderate growth and without control of the natural resources, Brazil, under influence ofthe Conference ofStockhohn in 1972, to avoid slowing down the development process had to create a domestic policy of environmental protection. The environmental legislation is a tool or strategy that allows reaching the objectives looked for with the environmental policy. The Law required the accomplishment of some obligations; restricting the use ofthe natural resources. For the correct administration of the environmental problems it is necessary an appropriate body oflegislation aimed at the reduction and the control of anthropic activities that cause environmental damage. This research summarizes several aspects of the environmental legislation, facilitating the understanding ofthe environmental policy, guaranteeing the sustainability without cornrmtting the use of the resource. For achievmg this purpose it was made an exploratory research fhrough a literature revision, using the documental, descriptive, interpretative and bibliographical method. The study was accomplished at the Library of the Federal University of Lavras (UFLA) and through the consult of several sites linked to environmental protection institutions. The themes described in Chapter 1 study the Environmental Legislation in Brazil. Sub item 1 rescued the historical process ofthe evolution of the Environmental Legislation in Brazil, from the discovery to the current days. The total time span was divided in Brazil Cologne's periods, Empire period and Republican period. The on going period is called "The Environmental Legislation Improvement Period". Sub item 2 evaluated the laws that protect the environment, emphasizing the National Policy of the Environment (PNMA)-Law no. 6.938/81-that had been considered as the most important environmental law in Brazil. Tais Law created the National System of Environment (SISNAMA) a National Council of Environment (CONAMA). Sub item 3 studied the Brazilian Forest Code-Law no. 4.771/65, mainly, the subjects related to the Permanent Preservation Áreas and Legal Reserve (Reserva Legal). Especial attention was put on the Low n. 2.166-67/01 (MP). Sub item 4 taDced about the Law ofEnvironmental Crimes-Law no. 9.605/98-that improved the legislation related to the penalties applied to the environmental damages. What was considered a penal rrrisdeed before the promulgation of this Law began to be considered environmental crime after. Sub item 5 analyzed the Law that creates the National System of Conservation Units (SNUC)-Law no. 9.985/00-that Consolidated and regulated the purposes of creating biodiversity protection áreas. Conservation Units were already mentioned in the Forest Code of1965, in PNMA of1981 and in the Brazilian Constitution of1988, but without Consolidated and legal regulation. Sub item 6 discussed the laws that protect water resources. The fírst juridical mstrument was the Code ofthe Waters of 1934 - Decree no. 24.643/34 -. Sixty three years after this Code, Hydrological Resource's National Politics had been instituted (PNRH)-Law no. 9.433/97 - .It started to consider water as a public good endowed with economical value. The National Water Agency (ANA) was designed to be responsible for its irnplernentation. ANA was created through the Law no. 9.984/00. The themes described in Chapter 2 treat the environmental problems of the country. It is subdrvided in 3 sub tens (Sub items 7 to 9). Sub item 7 enumerated the main environmental problems in Brazil, their causes and the relationship with the urban quality oflife. Sub item 8 described the main norms that regulate the operation of Brazilian environmental degrading activities - The PNMA low, the Resolutions of CONAMA no. 01/86, no. 09/87, no. 01/88, no. 09/90, no. 10/90, no. 237/97, no. 279/01 and no. 289/01-requiring the Evaluation ofthe Environmental Impacts for obtaining the location, the installation, the enlargement and the operation licenses of the potentially pollutant activities. Sub item 9 discussed the importance of the Auditing and Environmental Expertise in the protection ofthe environment The themes described in the Chapter 3 analyzed the environmental understanding and the mechanisms that pointed out the use ofthe natural resources, subdivided in 3 sub items (sub items 10 to 12). Sub item 10 discusses the importance ofthe appearance of the Environmental Education in Brazil as Law. The National Policy of Environmental Education (PNEA)-Law no. 9.795/99-it recognized the Environmental Education as obligatory in lhe educational process, be in character formal or no-formaL Sub item 11 discussed the processes of Environmental Certification-Series ISO 14000-and Forest Certification FSC talked discussed the environmental and socioecononric rewards for those who practice the responsible handling and management in their activities. Sub item 12 discussed the two basic criteria ofan ecological tax exemption program (Ecologícal ICMS Sanitation and Units ofConservation), seekíng the improvement ofthe conditions ofthe man's life condition andofthe environment in the county where he lives.