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Legal Aspects of Amazonian Floodplain (Várzea) Conservation: Opportunities & Difficulties of the Commons Management

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Type: Conference Paper
Author: Surgik, Ana Carolina
Conference: Survival of the Commons: Mounting Challenges and New Realities, the Eleventh Conference of the International Association for the Study of Common Property
Location: Bali, Indonesia
Conf. Date: June 19-23, 2006
Date: 2006
URI: https://hdl.handle.net/10535/2305
Sector: Water Resource & Irrigation
General & Multiple Resources
Region: South America
Subject(s): IASC
Amazon River region
environmental law
Abstract: "The várzea is a complex ecosystem, with many biological resources of human appropriation human. The Amazonian rivers and its flooding areas cover more than 300,000 km2. For many generations the flooding areas have been used for populations of the Amazônia, in the dry season and in the flood season. However, for the maintenance of the life human being in these regions, it is necessary also to conserve this ecosystem so that it does not lose its original attributes. It is necessary to conserve the species and, consequently, the populations that depend of them. "One of the approaches of the várzea's use is the legal aspect. The researches, perspectives and ways of better exploitation of this ecosystem need a legal basement on the effective possibilities of its use. It is necessary to define the legal possibilities of human interferences to establish directed public politics for the conservation of the várzea areas and human maintenance. In function of this, this study took into account the definition, legal constitution, domain and jurisdiction of the Amazonian várzea. However, was identified in the current brazilian legal system, many practical problems to insert the várzea's management in the methods and legal procedures. Therefore, the main was to get a legal basement, with consistent interpretation for the environment conservation and the social- economic sustainable of human populations. "The law was analyzed taking into account the social and envinonmental function of the property. This function must in such a way be respected in the economic activities (art. 170 of the Federal Constitution), and in the agricultural agrarian politics (art. 186). social function must promote the 'use adequate of the available natural resources and preservation of the environment' (art. 186). "Consequently, in this study was made a critical analysis of the brazilian law. It is demonstrated, sometimes, that the current legal system does not support the protection of this ecosystem, and that is necessary to adjust the different circumstances to different legal procedures. This work is eminently legal-theoretician of doctrine collection and interpretations as form to subsidize its more adequate interpretation and implementation. So, it was opted, for adding the discussion with the results."

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