LEGAL GUARDIANSHIP OF THE MATO-GROSSENSE PANTANAL: ANALYSIS OF THE FEDERAL LEGAL REGIME AND OF THE STATES OF MATO GROSSO AND MATO GROSSO DO SUL ANÁLISE DO REGIME LEGAL FEDERAL E DOS ESTADOS DE MATO GROSSO E MATO GROSSO DO SUL

Abstract

The Pantanal biome is one of the largest extensions of continuous flooded areas on the planet, being sensitive and dependent on its hydrological regime to maintain the integrity of its ecosystems. Located in the Upper Paraguay Basin, it encompasses the states of Mato Grosso and Mato Grosso do Sul, and part of Bolivia and Paraguay. It is susceptible to disorderly anthropic actions developed in the surrounding plateau and plain, which compromises its conservation greatly, and it is necessary to analyze its legal protection at the national and state level, in order to verify whether the existing legal regime is responsive to the challenges for its sustainability. The deductive and dialectical method was used, with a qualitative approach, through literature review, document analysis, interviews with public managers, authorities and community members. It was found that the legal system has important legal gaps, highlighting the absence of a national regulatory framework, as well as the existence of fragmented legislation between the states that share the biome, ie, Mato Grosso and Mato Grosso do Sul. It is concluded that there is a need to issue a federal regulatory framework that considers the Pantanal as a unique biome and the harmonization of state legislation in order to ensure its preservation and sustainable use of its natural resources.