APLICABILIDADE E DELIMITAÇÃO DE ÁREA DE PRESERVAÇÃO PERMANENTE EM CURSOS D’ÁGUAS ARTIFICIAIS: O Julgamento da ADPF 748 no Supremo Tribunal Federal

Abstract

ABSTRACT: This scientific article addresses the applicability and delimitation of the permanent preservation area in artificial watercourses, with impetus in the judgment of the Action for Noncompliance with Fundamental Precept (ADPF) 748 by the Federal Supreme Court in which it analyzed the constitutionality of the CONAMA Resolution n. 500/2020, which revoked CONAMA Resolution 303/2002. Permanent preservation areas play a fundamental role in the conservation and protection of water resources and associated ecosystems. However, the definition and delimitation of permanent preservation areas in artificial water courses have been a challenge for the Brazilian legal system. The analysis of the research observed the legislative and administrative changes on the subject and the positions of some courts of the Judiciary Power. Doctrinal texts, related legislation and judgments of the Court of Justice of the State of Rio de Janeiro, Superior Court of Justice and the Federal Supreme Court on the subject were used to carry out this article.