O Código Florestal Brasileiro a partir da Principiologia Ambiental

Abstract

This paper analyzes the Brazilian Forest Code (Law n° 12.651/2012) through the lens of environmental principles, addressing its dogmatic structure, historical evolution, and ecological and political impacts. The general objective is to verify how the changes introduced by the new Code relate to constitutional environmental principles, questioning whether these modifications undermine environmental protection and ecological sustainability. The methodology is theoretical, with a deductive approach, based on bibliographic review, legislative analysis, and interpretation of legal doctrine and case law. Initially, the study presents the historical development of Brazilian forest legislation, highlighting the transition from the 1934 and 1965 Codes to the 2012 version, with special focus on Permanent Preservation Areas (APPs), Legal Reserves (RLs), and environmental restoration incentive programs. The research then investigates the socio-environmental and land-related impacts resulting from legislative changes, emphasizing the political context in which the new Code was enacted—often regarded as less protective. Finally, considering environmental principles, the paper examines constitutional and international foundations guiding environmental protection, discussing the compatibility of the current Forest Code with the principles of prevention, precaution, socio environmental function of property, sustainable development and non-regression. The study concludes that, although the 2012 Forest Code represents advances in environmental regularization and monitoring mechanisms, its normative flexibilization—especially concerning amnesty for environmental liabilities and the redefinition of criteria for the restoration of native vegetation—reveals contradictions with environmental principles and may compromise the effective protection of Brazilian biomes. Continuous oversight and interpretation aligned with the Constitution are required to ensure its application in accordance with environmental law.