Urban areas of permanent preservation irregularly occupied

Abstract

This article is to review the monograph submitted to the Law School of the State University of Londrina, as a partial requirement for obtaining Bacherel title in academic Law Juliana Barata Procopio, under the guidance of Professor Master Ana Claudia Duarte Pinheiro. The study aims to examine the issue of permanent preservation areas (APPs) in cities and occupations that are held in these regions, whose special protection is due by the environmental role they play and there should be no occupation. However, the reality presented in Brazilian cities is jarring and constantly faced with illegal occupation of PPAs at odds with existing legislation; either by lack of awareness of the population about the environmental importance of the area, or by inadequate or non-existent public policies. Such occupations are affected by social and environmental problems inherent irregularity, such as basic sanitation, health conditions and housing, lack of safe access roads, among others. These issues hurt constitutional principles such as human dignity, right to health, which tend to worsen if not given a solution to the occupations. In 2006, the National Environmental Council (CONAMA) issued Resolution No. 369/2006 pointing some hypotheses suppression or intervention in PPAs - that will be of utmost importance to prevent further irregular and illegal occupation; and also provides for the sustainable land regularization as environmental liabilities that the state should the population and that is presented as an instrument to ensure the population to guarantee their rights and ensuring environmental rights.