Tesis
O controle do desmatamento na Amazônia : a Operação Curupira e a efetividade da proteção ambiental por parte do Estado
Fecha
2016-03-04Registro en:
CURADO FILHO, Diógenes Gomes. O controle do desmatamento na Amazônia: a Operação Curupira e a efetividade da proteção ambiental por parte do Estado. 2016. 150 f. Dissertação (Mestrado em Direito Agroambiental) - Universidade Federal de Mato Grosso, Faculdade de Direito, Cuiabá, 2016.
Autor
Theodoro, Marcelo Antonio
http://lattes.cnpq.br/5691859341774214
Theodoro, Marcelo Antonio
037.541.199-23
http://lattes.cnpq.br/5691859341774214
Piedade, Antônio Sergio Cordeiro
993.367.409-97
http://lattes.cnpq.br/0161025890665450
037.541.199-23
Santin, Valter Foleto
993.367.409-97
http://lattes.cnpq.br/2477797238091284
Institución
Resumen
In the perspective of a healthy environment, social aspiration of man, fundamental
rights, whether explicit or implicit constitutionally, they are seen from the viewpoint of rights
and, above all, duties, binding both the State as the private. A very important aspect related to
the environment is the forest estate, whose deforestation has compromised the full realization
of one of the main fundamental human rights, the right to a healthy life in harmony with
nature. A question that is made in relation to environmental protection duties, in view of the
state's constitutional obligations, it's effectiveness in their work. Operation Curupira was a
combat deforestation work that had its origin in the Action Plan for Prevention and Control of
Deforestation in the Legal Amazon, published by the Federal Government in March, 2004.
Besides to crack down on environmental offenses, in its first phase, it also had the importance
of identifying the various forms that criminal organizations used to acquire through fraud,
timber transportation guides, often with the support of own environmental agencies. This
exemplary action command and control requires an analysis of its effectiveness as a means of
combating environmental offenses, particularly illegal logging. Using as methodology, at
first, an assessment of the fines imposed in the State of Mato Grosso and its subsequent
storage in a period immediately after Operation Curupira, we seek to expand this comparative
process through analysis of reports made annually by the Court of Union, identifying
problems through the data supplied by the agencies and collecting societies in the Federal
Government, including the IBAMA, which does not leave doubts concerning the effectiveness
of enforcement of environmental sanctions. Aware that the effective punishment has
character, individually, to prevent future recurrences, and in general terms, to prevent further
damage, it can be measured if there is impunity in the case of the repression of environmental
offenses, which could be endangering the fulfillment of state duties of environmental
protection.