Direito à conservação ambiental e o direito ao desenvolvimento: o caso da área de proteção ambiental - APA Bacia do Cobre / São Bartolomeu - BA

Abstract

The present study aims at analyzing the extent to which the implementation of the APA Copper Basin / São Bartolomeu impact on the process of balancing the right to environmental conservation with the right to development provided for in CF / 88, with a view to a proposed representation to the Public Ministry of the state of Bahia. The APA of the Cobre / São Bartolomeu Basin was created in 2001, through State Decree No. 7,970, located in a region between Salvador and Simões Filho, in Bahia, with 1,134 hectares of land. The purpose of this APA is to conserve and protect the area that houses one of the last remnants of Mata Atlântica in the municipality of Salvador. The region has beautiful natural attributes, it is a true sanctuary, where it preserves manifestations of religious cults of Afro-Brazilian matrices, as well as pilgrimages since the mid-nineteenth century, but one can not fail to observe the negative points that exist today, such as: unregulated urban sprawl, lack of adequate infrastructure, norms and urban land use policies, which are outside pre-established standards, the absence of a management plan, a document elaborated based on several studies on the protected area, such as diagnostic evaluation, both of the physical, biological and social environment required by law no. 9,985 of 2000, law that established the National System of Conservation Unit - SNUC. The method used in this research was based on documentary review, with structured interview application and literature review. It is important to emphasize that this work does not intend to fully extinguish all the changes and tensions found in the conservation unit, nor to deepen in a theoretical discussion about the theme. The main interest of this dissertation is to highlight the environmental problem experienced in the APA Copper Basin / São Bartolomeu, in order to provide elements to the public power in the elaboration of the set of actions to at least minimize or even eliminate the tension and the negative impacts demonstrated in the Environmental Protection Area - APA of the Copper Basin of São Bartolomeu, in Salvador, Ba. The implementation of the APA Copper Basin / São Bartolomeu impacts on the process of balancing the right to environmental conservation with the right to development established in CF / 88. The study has proved that there is, yes, a strong tension between these rights, objects of analysis of this research; ie what determines the SNUC was legally established, in part, as the creation of the APA Governing Board, for example. However, it lacks the most important legal instruments: zoning and the Management Plan.