Da reserva extrativista verde para sempre, ilegalidades e eventual violação ao direito à propriedade

Abstract

This work aims to analyze the procedure of the creation of units of conservation. The present project will be based on the study of a real case which is the Extractive Reserve known as “Verde para Sempre”, located in Pará, Brazil. We will review the constitutionality of the creation of this Reserve through an executive decree, discussing about the territorial spaces especially protected foreseen in article 225 of the Federal Constitution §1, III. We will study the classifications of such spaces, featuring especially the extractive reserve as a way of unit of conservation sustainable use area under Law 9.985/200. Then, we will reflect about the legal requirements for the creation of this analyzed reserve by Decree, showing the possible irregularities and also possible violation of the property right. Once created this kind of protected area, we can notice that the owner gets disable of free using his property the way he desires and even his economic exploitation remains damaged. We will focus to the drastic consequences on a creation of a preservation area made up without prior expropriation and so we will demonstrate the violation of the fundamental property right. Therefore, we will check out the excess of the created protected areas, the lawless in these cases, the lack of Public Power to expropriate and compensate the owner of the lands recognized as protected areas. We will also discuss about the polemical theme of decadence to act in the interest of the public power to expropriate and to obtain the real domain of the land, the consequences that lead to owners being framed in environmental crimes, the agricultural proprietors reached by ambient restrictions, face to constraints and limitations imposed and so the possibility of joining with action of indirect compensation for appropriation as an instrument of protection