Da inconstitucionalidade dos dispositivos que mitigam a proteção das áreas de reserva legal no código florestal: uma vedação ao principio do não retrocesso ambiental

Abstract

The objective of this study is to study the changes introduced by Law 12.651 / 2012 in the scope of Legal Reserve areas, considering that the right to the ecologically balanced environment constitutes a fundamental right of third dimension and that Environmental Law is based on a set of principles that, due to its normative density, must be respected and considered in the legifi- cant activity when editing legal norms. In this sense, the study of the thematic is of extreme relevance in order to make the necessary reflections and considerations regarding the constitutionality or possible unconstitutionality of the devices that mitigated the protection of the Legal Reserve areas with the edition of said law, for not observing the principles applied to Environmental Law and, in particular, the principle of the prohibition of environmental retrogression.