A constitucionalidade da Lei 14.285/21: os impactos nas áreas de preservação permanentes em área urbana consolidada

Abstract

The Brazilian Forest Code has undergone revisions aimed at enhancing environmental protection and complying with the constitutional mandate of a sustainable environment. Law n. 14,285/21 introduced flexibilities in the rules governing Permanent Preservation Areas (APPs) in consolidated urban areas. The aim of this work is to analyze and ascertain whether there has been environmental regression following the enactment of this law and if it infringes upon constitutional rights related to a sustainable environment. Thus, through deductive methods and bibliographical and procedural techniques, this study intends to establish the consequences of its implementation on the environment and the protection of permanent preservation areas in consolidated urban areas, using Law n. 14,285/21 as a starting point. One of the issues lies in the lack of conceptual clarity in the new legislation, contrasting with Law 6,766/79, which sets stricter limits than the Brazilian Forest Code. Furthermore, the delegation of authority to municipalities to adjust boundaries in watercourse areas raises questions about the weakening of environmental regulations in favor of local interests, which may be incompatible with the constitutional principles enshrined in Articles 24, 30, and 225 of the Federal Constitution. This study aims to clarify these issues in relation to recent changes in Brazilian environmental legislation