CONTRIBUTIONS FROM THE PRINCIPLE OF PROHIBITION OF ENVIRONMENTAL REGRESSION IN THE CONSERVATION OF THE ENVIRONMENTAL PROTECTION AREA (APA) BANANAL ISLAND CANTON

Abstract

The present study makes an approach about the Principle of Prohibition of Environmental Regression, as well as its contribution and applicability in the context of the conservation and preservation of the Environmental Protection Area (APA) Bananal Canton Island, important and largest Conservation Unit of the State of Tocantins, which lives the dilemma of being an area so rich in biodiversity, housing important biomes such as the Amazon, Pantanal and Cerrado and be constantly threatened by the expansion of the agricultural frontier of soybeans and livestock exploitation in the region. In this scenario, it is essential to guarantee the ecologically balanced environment, making economic exploitation and protection of the environment compatible.  Thus, starting from a descriptive qualitative research, with bibliographic survey, environmental legislation and documentary analysis related to the object of study, this research intends to investigate whether the principle of the prohibition of environmental regression applied in legal decisions, management plan and legislation inherent to APA Ilha do Bananal Cantão can be configured as a measure to safeguard this conflicting relationship, ensuring and ensuring the conservation and preservation of the area. In general, it was found that the possible environmental setbacks related in this study resulted in situations that reduced the environmental protection of APA Ilha do Bananal Canton, São Paulo, Brazil and that, in such cases, the application of the principle of the prohibition of environmental regression occurred through public civil actions, direct actions of unconstitutionality and technical analysis opinions, which somehow contributed to prevent worse damages, measures against the environmental setbacks identified.