O Cadastro Ambiental Rural (CAR) como instrumento de informação e monitoramento da reserva legal no estado do Pará

Abstract

The right to an ecologically balanced environment has as a plaintiff the community and also to the Government, in which both must promote their protection through public policy and environmental awareness, that would be exercised through the free access to environmental information that would ensure participation popular in state decision-making processes. In this sense, this research sought to contribute towards the defense of the access to the right to an environmental information through the Rural Environmental Registry (RER) and the Legal Reserve in the context of the current Forest Code scenario in the State of Pará, with analysis of the legal relation between these and information systems, to attend the right to environmental information. For this, was held bibliographic research about the construction of environmental information as a principle and located in the Brazilian legislative scenario. Analyzed the new treatment of the legal reserve by the current Forest Code and its representation in the State of Pará and was evidenced the discussion about the legal exemption of its registration in the Register of Deeds when performing the RER. Has been found that the legal reserve is the subject of two environmental information systems, as RER and the Register of Deeds, where both have environmental feature and can live together harmonically to fulfill the right to environmental information. It was also discussed that there are two information systems that composed the RER, the Rural Environmental Registry System - RERS, nationwide, and the Integrated System of Environmental Monitoring and Licensing - SEML, use at Pará, where it's observed that the RERS is a closed system for the access to environmental information by society, not allowing the query without restrictions, unlike SEML, which meet with the necessity of environmental regulations at the State of Pará and also the free exercise of the right to access to environmental information and, consequently, the right to an ecologically balanced environment.