O novo regime das app urbanas: uma análise da inconstitucionalidade da Lei n. 14.285/2021

Abstract

The present work intends to carry out an analysis of the Permanent Preservation Areas (APP), their importance for the protection of water resources and also for the balance of the environment. In addition, it seeks to discuss the issue of unconstitutionality present in law nº 14.285/21, since, with its advent, it presented changes with regard to the legislative competence of the APP in consolidated urban space and the delimitation of its marginal course strips of water, giving the municipalities powers that relativize such limits, which were once the exclusive competence of the Federal Union. In this perspective, respecting what is exposed in the Federal Constitution of 1988, the work will continue to present: The concept of APP and who is competent to define them, then it will move on to a historical analysis referring to the APP and the Brazilian Forest Code, then , will address the advent of law 14.285/21 and its applicability characteristics and, finally, will discuss the reason why it makes the new legislation unconstitutional by confronting our magna carta. The research methodology was used, since books by renowned authors, consolidated jurisprudence, the Federal Constitution of Brazil and articles that address the subject in question were used.