URBAN OCCUPATION OF AREAS OF PERMANENT PRESERVATION: ANALYSIS OF ENVIRONMENTAL INFRINGEMENTS AND UNCONSTITUTIONALITIES OF LAW 20,922/2013

Abstract

As water is an essential asset for the population, traditionally the populations have sought to settle in places that facilitate their access, hence the justification for most cities to be founded near water resources, with disorderly population growth and great real estate speculation exorbitantly valued urban land, with this, it was inevitable was the implantation of human activities in the marginal ranges of water courses. Given this historical context, the present study had the scope to analyze the institute of urban anthropic occupation, in order to establish the correct application of environmental legislation in the face of interventions in areas of permanent preservation. At the end, it is concluded that in places where the environment is mostly modified by man, by means of land subdivision, improvements and buildings, there will be occupation as consolidated anthropic. Therefore, interventions that do not entail suppression of native vegetation typical of the local biome do not cause environmental damages and should not be considered illegal, under penalty of unjustified interference in the right to use the property, thus impairing the social function of the urban property in search of the protection of areas that no longer fulfill environmental functions.