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e-Pública: Revista Eletrónica de Direito Público

On-line version ISSN 2183-184X


RODRIGUES, Renata  and  MONTEIRO, Suyene. Analysis of some controversial points of brazilian forestry legislation. e-Pública [online]. 2017, vol.4, n.3, pp.61-76. ISSN 2183-184X.

The Brazilian Forestry Code in force, sanctioned in 2012, brings in its text more than a set of norms regarding the Brazilian forest patrimony, but a history of consolidation of paradigms and the consequent overcoming of the same that, in some moments, was inadequate to the system of protection that the Brazilian Constitutional and Environmental Law determines. From this context, the present work sought to analyse some controversial points of the current legislation, ranging from its nomenclature, to the inconsistencies with the environmental protection system to which it is compatible. In order to do so, we analysed the legislation in question, as well as its historical development, and from the parallel between the text of the law and doctrine, it was noticed that many of the changes intended by the legislation in force contravene principles of Brazilian constitutional and environmental law, although they favor agribusiness.

Keywords : Brazilian Forest Code; Legal Nature of the Forest Code; Environmental retraction.

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