EXCLUSION OF INDENTIFICATION OF FLOREST COVER IN PERMANENT PRESERVATION AREAS (APP)

Abstract

Introduction: Protected areas play a crucial role in preserving biodiversity and environmental conservation globally, with Natural Reserves and Permanent Preservation Areas (APPs) being fundamental for maintaining terrestrial and aquatic ecosystems. However, they face significant challenges in violating preservation measures, threatening both the environment and the quality of life of communities. Therefore, understanding this issue is essential in view of contemporary environmental and socioeconomic challenges. Objective: the objective of this study was to analyze the exclusion of vegetation cover in the compensation process for areas involved in APPs. Methodology: The methodology used in this study, based on a bibliographic survey in academic repositories and a qualitative data approach, provided a solid and comprehensive analysis of the exclusion of forest cover in expropriation processes, contributing to the construction of knowledge and the formulation of informed recommendations in scientific evidence. Results: The exclusion of vegetation cover during the expropriation process is an issue of great relevance, as it can have significant impacts on both the environment and society. By exploring this theme, the study sought to understand the legal and environmental foundations that govern the exclusion of vegetation cover in APP areas during the compensation process. The relevant legislation was examined, as well as jurisprudence and practical cases that address this issue, aiming to identify the main challenges and dilemmas faced by legislators, environmental agencies and land owners. Conclusion: Based on the analysis of the discussions and jurisprudence presented, it is concluded that the creation of preservation areas, such as the Serra do Mar State Park, does not automatically guarantee the right to compensation due to the restrictions already established by the Forest Code. Compensation is only due if the limitations of the state decree are stricter than those existing before the creation of the area and if there is economic loss.