A INSEGURANÇA JURÍDICA NO PANTANAL BRASILEIRO E A NECESSIDADE DE UMA LEGISLAÇÃO ESPECÍFICA EM CONFORMIDADE COM A CONSTITUIÇÃO FEDERAL

Abstract

A specific statute for the Pantanal is crucial due to its magnitude as one of the largest floodable wetlands in the world. Despite existing laws, the Pantanal faces damages such as deforestation, wildfires, and irregular constructions. The absence of a specific protective statute is an additional threat to this sensitive ecosystem. However, there are various sources that protect the Pantanal, so what is the relevance of a specific statute if there are already other regulations governing this biome? The need for a specific statute lies in the legal uncertainty caused by the legislative gap created by the exact absence of a specific statute. Even though there are laws protecting the Pantanal, they fail to offer the specific protection it needs, respecting its intricacies. Therefore, the general aim of this work is to highlight that the existing norms regarding the Pantanal do not fulfill their constitutional objective of ensuring the preservation of this biome, thus requiring the regulation of a specific federal norm. Regarding specific objectives, the environmental crisis in the Pantanal and the legislation concerning the biome will be analyzed, including international law, the Federal Constitution, and infraconstitutional legislation, to demonstrate that despite these measures, there is still a need for a specific federal norm, as there are gaps that can only be filled by a specific law. The methodology used is deductive, and the research will be conducted using a descriptive method. The procedures will be bibliographic-documentary, based on scientific articles, books, and legal instruments, synthesizing this thematic area. Therefore, the enactment of a federal legislation that protects the biome in all its dimensions is essential.