Papel do Estado na recuperação de áreas de preservação permanente danificadas ilegalmente

Abstract

The article addresses Brazilian legislation related to environmental crimes, focusing on Permanent Preservation Areas (APPs). The main objective is to analyze the State's civil liability in repairing damages caused by illegal deforestation in these areas. The regulatory evolution of APPs, from the 1934 Forest Code to current laws, reflects the need to consider economic, social and cultural aspects in environmental preservation. APPs are fundamental for managing river basins and maintaining ecological balance. In this way, environmental responsibility is highlighted as a fundamental principle, seeking not only to punish those responsible for environmental damage, but also to ensure repair of the damage caused. This involves the restoration of degraded areas and reforestation. Responsibility extends to perpetrators of environmental crimes, who are subject to civil and criminal sanctions. The State's participation in the recovery of APPs is considered imperative, both for moral and legal reasons. International legislation and treaties reinforce Brazil's obligation to adopt practices that promote environmental preservation. The State's responsibility is not limited only to punishment, but also to the effective restoration of affected areas. Concluding that there is an evolution of the theory of civil liability, highlighting the importance of the objective responsibility of the State as a universal guarantor of environmental preservation. The preservation of the environment is presented as a collective and inalienable commitment, transcending the individual sphere and requiring concrete actions from public authorities.