A APLICAÇÃO DO CÓDIGO FLORESTAL AO BIOMA MATA ATLÂNTICA

Abstract

this article deals with the divergence in the extension of the application of the Forest Code (CFlo) to the Atlantic Forest biome, especially in the consolidated, urban and rural areas, which had fluctuating understandings in the Federal Attorney General (AGU) and within the Ministry of the Environment Environment (MMA), generating judicialization, including in the STF. Several issues were analyzed for this, such as the raison d'être of Chapter XIII of the CFlo, possible insufficient protection or environmental setback in that application, the forecast of the Atlantic Forest as national heritage, the practical consequences of the non-application thesis, the false antinomy between Chapter XIII of the CFlo (consolidated use area) and the Atlantic Forest Law (LMA), as legislators and administrators interpreted the issue, the contradictory argumentative behavior of some actors and the CFlo's complementarity with the LMA, with no need to talk about specialty. The methodology used was bibliographic, documentary and jurisprudential research and the results demonstrate that the application of the CFlo is compatible with the Atlantic Forest Law, with no unconstitutionality, illegality or any problem in terms of general theory of law.