LEGISLAÇÃO AMBIENTAL E ÁREAS DE PRESERVAÇÃO PERMANENTE URBANAS: UMA ANÁLISE CRÍTICA DA LEI Nº 14.285/21

Abstract

The present study analyzes the changes introduced by Law No. 14,285 of 2021 in Urban Permanent Preservation Areas (Urban PPAs). This law eliminated, inserted, and altered the wording of significant articles of the Urban Land Subdivision Law (Law No. 6,766/79), the Land Regularization Law (Law No. 11,952/09), and, with a major focus in this research, the current Forest Code (Law No. 12,651 of 2012). Through bibliographic and documentary research, as well as a historical chronology of the evolution of Law and environmental regulations, this article examines the implications of these legislative changes in the Brazilian environmental context. It should be emphasized that the Brazilian Forest Code has undergone numerous transformations, including those recently introduced by Law 14,285/21, which have not necessarily resulted in progress, as evidenced in this study. In brief, the 2021 law allows municipal authorities to delimit PPAs for rivers in consolidated urban areas without complying with the minimum parameters established in Article 4 of the current Forest Code. For this reason, in April 2022, center-left political parties proposed the Direct Action of Unconstitutionality No. 7146 against Law No. 14,285/21. The foundation of this action is based on the principle of the prohibition of environmental retrogression and the constitutional distribution of competences conferred to the federal entities. The research is characterized as basic in nature; exploratory in its objectives; qualitative in approach; and bibliographic in its procedures.