THE MUNICIPALIZATION OF PERMANENT PRESERVATION AREAS (PPA’S) OF WATER COURSES: AN ADVANCE OR SETBACKS TO RESILIENT URBAN FUTURES?

Um avanço ou retrocesso para futuros urbanos resilientes?

Abstract

This article analyzes the effects of the approval of Federal Law 14,285/2021, which amended the Forestry Code (Federal Law 12,651/2012) and the Urban Land Installment Law (Federal Law 6,766/1979), which institutes a new legal regime that grants the municipalities level entity the prerogative to establish new measures for the delimitation of marginal strips of natural watercourses, as well as non-buildable strips in Permanent Preservation Areas (PPA) in consolidated urban contexts.

As a methodology, a systematic literature review was developed with focus on urban-environmental management. In addition, within the scope of the judiciary, the analysis of the theme of the general repercussion of the Superior Court of Justice of Brazil and the ongoing Direct Action of Unconstitutionality nº 7146, aiming to annul Federal Law 14.285/2021. Finally, initiatives of municipalities that instituted administrative acts and laws aimed at the applicability of the new institute in the cities of Santa Catarina and Rio Grande do Sul were identified. This article seeks to collaborate to expand scientific contributions in improving public policies integrated into urban PPAs to reduce the risk of disasters and climate change.