Legislação ambiental: um estudo da aplicação do código florestal de 1965 nos estabelecimentos de agricultura familiar em Enéas Marques/Paraná

Abstract

In this research, we analyzed the implementation of the Forest Code of 1965 in farms of family agriculture in the municipality of Eneas Marques, Paraná and the changes they have caused in the geographic space. For this, we use based on the concept of geographical space as Santos (2006), understood as a set of actions (events) produced over time. Moreover, according to the author, we understand that the spatial organization is made up times of succession and concurrent actions and for this reason, we conclude that the circumstances of the applicability of environmental laws is part of this spatial organization, with the State an ordering element space to promote actions (events) in this case the farms of family farming. In Paraná, the current regulations until the year 2012 to implement the regulations set out in the 1965 Forest Code were implemented, in practice, the application of System Maintenance, Recovery and Protection of the Legal Reserve and Permanent Preservation Areas (SISLEG), oriented by the Environmental Institute of Paraná (IAP). This procedure became mandatory for all farmers to endorse the legal reserve and permanent preservation area of the farms in rural Property Registration and the completion of this process was subject to the issuance of licenses, consents, permits and certificates by the environmental agency. In addition, the SISLEG was required in the process of acquisition of bank loans, buying and selling of rural properties, establishment of integration to commercial companies and other situations that we describe in this paper. In the municipality of Eneas Marques, these situations were ratified through visits to 41 farms of family farming. In these, we observed that there was a gap between the documentary registration of SISLEG and its suitability for the rural establishment, ie the preservation areas contained in the document did not exist in the same way in the establishment. The implementation process of these areas, when it did, causing direct impacts on families' daily life, whether in a decrease in income, in removing improvements and infrastructure, or the deprivation of autonomy of the farmer in relation to its rural setting, thus conditioning the activities of farmer to state decisions. In addition, we found a breach of the constitutional principle of the social function of property, because the farmers could not meet the requirements established by law. The methodology used to reach these farmers was the snowball technique, in which the first interviewees appointed other participants and so on, until it reached the proposed objective. Among the respondents, we find the pig farmers and poultry farmers, better capitalized with more structured settlements and dairy farmers, mostly, less capitalized, however, we realize that all these subjects is a result of actions (events) of the state and seek to maintain the integration with the market looking for the support of their families. Thus, we conclude that the state, to fulfill their control functions, regulation and enforcement of environmental laws, would eventually interfere with the autonomy of farmers before the establishment of the organizational process and these people were subordinate to him.