MINING IN THE BRAZILIAN CONSERVATION UNITS BETWEEN DISCUSSIONS AND POSSIBILITIES

Abstract

This article addresses the issue of mining in Conservation Units from the perspective of the Brazilian legal system. The topic is on the agenda of the courts due to litigation and judicial decisions of the parliament through debates and legislative proposals and, consequently, in various mass media. This is because the mining activity is responsible for a high degree of environmental degradation, which, in theory, would be incompatible with the characteristics and objectives of the Conservation Units, as they constitute areas of special protection for the environment. So, the legislation divides the Conservation Units into different types (Integral Protection Conservation Units and Sustainable Use Conservation Units), which must be analyzed separately to verify their compatibility with mining. To that extent, the work evaluates such issues through bibliographic research and interpretation of current Brazilian legislation on environmental preservation and noted that the Full Protection Conservation Units and part of the Sustainable Use Conservation Units (Sustainable Development Reserve, Extractive Reserve, Private Natural Heritage Reserve and National Forest) are not consistent with mining activities.