Mineração de Areia em Áreas de Preservação Permanente: Uma análise interpretativa constitucional a nível nacional

Abstract

This research was developed based on the problem that exists between the extraction of sand in Permanent Preservation Areas - APP and the environmental protection of this asset at the national level.Our objective was to realize a constitutional interpretative analysis about this stir to find out why mining in APP was allowed by the legal system, what were the benefits of sand mining to society, what was the motivation to allow this predatory intervention to occur in the APP after the greening of the legal system and what mechanisms would be used to guarantee sustainability with the development of this practice and the mitigation of its environmental impacts.In order to achieve our objectives we used the methodological approach of exploratory research aiming to collect the required material for the research purposes. About data collection, the bibliographic research was used to build this dialogue. Concerning the analysis of collected data, we used the critical analysis.Towards to compose the dialectical relationships that arise in this work, we used some theoretical contributions and among those we can mention: Benjamin (2015) and Aguiar Filho (2014) when the matter is environmental greening and its benefits, Almeida Filho (2016) to discuss constitutionalism and the 1988 constitution, Talden Farias (2012) and Barros (2017) to debate mining.Concerning the representative aspects of the sand extraction sector in Brazil, we used the Mineral Summary of 2019 and the data collected from ANEPAC and Revista Areia e Brita (2019). To discuss the National Mining Agency, we used Aguiar Filho (2014) once more, and to debate mining in APP we utilized Santos (2014) work, the Forest Code itself, Remédio Júnior (2013) as well as Mariel Silvestre (2007). This work brings a conclusion that in order to ensure that the sand mining occurs to mitigate its environmental impacts and guarantee environmental protection, popular participation is necessary through the environmental licensing process and that exploration turns out in a sustainable manner with development.