The Applicability of the Forest Code in Urban Areas: A Legal and Environmental Analysis
The Historical Formation of Brazilian Cities and the Forest Code
The historical formation of a significant portion of Brazilian cities over the decades took place precisely in places with the Forest Code, now considered untouchable. In this sense, for example, the prime location of visual hilltops was valued for the construction of monuments, fortifications, public buildings, and homes; the marginal strips of rivers were used for the construction of houses (given the ease of access to water) and the same way, on both sides, capping the beds, these actions promoted by including policies.
The Legal Framework
The Forest Code, established by Law 7,803 / 99, is the primary legal framework for the protection of forests in Brazil. However, its applicability in urban areas has been a subject of debate.
In 1999, the sole paragraph of art. 2 of the Forest Code was inserted, establishing that in urban areas, the provisions of master plans and land use laws would be observed, respecting the principles and limits referred to in the article.
This device was intended to assert the applicability of the Forestry Code in urban areas. However, it has been interpreted by some as exempting urban areas from the Forest Code’s provisions.
In 2001, Provisional Measure 2166-67 / 01 was issued, modifying art. 4 of the Forest Code and inserting paragraph 2, which states that the removal of vegetation in permanent preservation areas located in urban areas will depend on authorization from the competent environmental authority.
This provision clarified that the general rule is maintaining such untouched places, while exceptionally, suppression of vegetation in APP in urban areas is possible with proper authorization.
In 2006, CONAMA Resolution 369/06 was issued, providing for the regularization of APPs in urban areas.
These legal developments have confirmed the applicability of the Forest Code in urban areas, ensuring the protection of permanent preservation areas.
The Benefits of Permanent Preservation Areas in Urban Environments
Permanent preservation areas (APPs) provide numerous benefits in urban environments, including:
- Temperature regulation
- Noise reduction
- Carbon dioxide reduction
- Flood and drought protection
- Water supply protection
- Wildlife habitat
- Recreational and cultural opportunities
- Aesthetic improvement
The Applicability of the Forest Code in Urban Areas and the Statute of Cities
The applicability of the Forest Code in urban areas is consistent with the right to sustainable cities, as enshrined in the Statute of Cities (Law 10.257 / 01).
The Statute of Cities establishes general guidelines for urban planning and development, including the ordination and control of land use to avoid urban deterioration and environmental degradation.
Maintaining APPs in cities is a crucial way to ensure the scope of these guidelines and promote sustainable urban development.
The Apparent Conflict between the Forest Code and the Urban Land Installment Law
The Forest Code establishes marginal ranges for APPs, while the Urban Land Installment Law (Law 6,766 / 79) provides for non-buildable ranges along water bodies.
This apparent conflict has been resolved by recognizing that the two laws have different objectives.
The Forest Code aims to protect the environment, while the Urban Land Installment Law aims to ensure urban safety and order.
In areas of permanent preservation, the Forest Code’s marginal ranges prevail, while in other areas, the Urban Land Installment Law’s non-buildable ranges apply.
Conclusion
The applicability of the Forest Code in urban areas is essential for ensuring the protection of permanent preservation areas and promoting sustainable urban development.
The legal framework, including the Forest Code, Provisional Measure 2166-67 / 01, CONAMA Resolution 369/06, and the Statute of Cities, provides a clear basis for the implementation of the Forest Code in urban areas.
Recognizing the different objectives of the Forest Code and the Urban Land Installment Law helps to resolve the apparent conflict between the two laws and ensure the protection of both environmental and urban safety interests.