Revista do Direito Público (Dec 2015)
Operating sand and environment: can harmonising?
Abstract
Mining is considered one of the basic sectors of Brazil's economy. The mining activity provides basic raw material for industry, and several products from the simplest to the most complex have mineral origin. Most products mined in Brazil, by volume, are sand and crushed stone. The sand extraction activities are of great importance for social development, but equally responsible for negative environmental impacts, sometimes irreversible. Due to the location’s rigidity, the sand miner is forced to mine where there is mineral occurrence, which constantly is near the bottom of valleys and rivers, often coinciding with the riparian forests, which are considered to be permanently protected areas (APP). In this context, objective is to demonstrate through a dialectical approach, procedurally developed through literature the possibility of conciliating the exploration of ore sand in permanently protected areas. Thus, will be analyzed the rules established in the Law 12.651/12 (New forest law), as well as will be demonstrated the socioeconomic and environmental impacts of mining activities which have to be observed to achieve the environmental function of property. The research was supported by the qualitative method and its construction we used the technique of bibliographical and documentary review.
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