THE OBLIGATION OF THE PUBLIC AUTHORITIES IN THE ESTABLISHMENT OF CONSERVATION UNITS

Abstract

This article argues, based on the constitutional duty of protecting the environment, the obligation of public authorities to establish Conservation Units. However, in contrary to what advocates the Federal Constitution, the creation of these spaces currently resides in the discretion of the Government agents, i.e. by subjective judgments, subject to political influence or tainted visions regarding enviromental preservation, which takes them to meet in a chaotic and alarming situation, as can be seen from data collected in study conducted by Federal Audit Court in 2013. To do so, in order to support the theme presented here, resumes the constitutional provisions relating to Conservation Units, indicates its general goals, both with regard to the maintenance of ecological balance as to the effectiveness of human dignity and clarifies, moreover, the situation of these spaces in Brazil. Finally, ends pointing, backed in the Constitution itself, in the words of the National System of Conservation Units Law and on the requirements of the administrative acts, the obligation of the public authorities in the establishment of Conservation Units.