Análise das limitações do direito na solução de conflitos ambientais: a aplicação de sistemas de informações geográficas a processos judiciais

Abstract

There is a hiatus between the environmental law existence, mainly because of its great rigidity, and the fact of being considered an impediment to the economic development. The Permanent Preservation Areas (PPA) and Legal Forest Reserve (LFR) are institutes created by the Environmental Law that limit the economic exploitation in rural properties without an indemnity. Both are in the Brazilian Forest Code and the Forest Law of Minas Gerais. Facing the constitutional departments of legislative competences, where the states concur with the Union in order to legislate on the subject, it was analyzed, from the constitutional principle of interest predominance, the adequacies made by the Minas Gerais’s legislator to the state ambient characteristics of federal lawful rules, searching to realize innovations or incoherencies. It was concluded that the Forest Code contains sufficient specific rules, what makes the state law a true copy of its text at many moments. It was also concluded that the Minas Gerais’s Forest Law is less strict than the federal one because it relaxes the restrictions on properties with mostly uneven surface, overlap the private interest to the public, disrespecting, in this way, constitutional principle. Moreover that the adding of the APP and RFL areas can present serious limitations economic exploration of the property what, in final analysis, can weaken the Minas Gerais’s agribusiness. In another analysis, it was focused on the fact that the lack of scientific tools that brings to the chambers of the judges a better look on the environmental conflicts in loco, also contributes to the fragility of the use from the Environmental Law. Therefore, it was analyzed, in a Geographic Information Systems environment, the necessity to incorporate to the legal environmental practice a tool capable to grant precise information about the localization of enterprises, protected areas, forest areas limits, commercial or not, so that the Law can strengthen the conflict solutions that imply knowledge that it is not aware. In order to illustrate this necessity, a study case of a Public Civil Action judged by Minas Gerais’s Prosecution Service was researched. In synthesis, the Prosecution Service alleges that an enterprise destined to forestry exploration, with area of 400 hectares, was installed about 3 km of the Serra do Cabral State Park limits, located in Buenópolis, Minas Gerais, and that, for the enterprises implantation, it got from the IEF authorizations to intervene in the Park surrounding area that had not been preceded of environmental impact studies. In this process, the controversial point between the parts is the enterprise localization in relation to the Serra do Cabral State Park, what had not been cleared in the legal proceedings. Through pertinent legislation interpretation to the study case and the region maps use, a digital model of localization’s elevation area with Function Authorization (FA) and of farm limits was produced. It was concluded that the Geographic Information Systems use contributed to judicial security search; however the legal text does not have all the precise and necessary information to its utilization.