Social-historical Foundations of the Construction of The Legal Framework of National Forests in The Face of Mining Activity

Abstract

The legal framework of National Forests regulation and the possibility of exploration of mineral resources inside them provide problems and conflicts both in theoretical and practical levels. These conflicts determine the basis for permission or prohibition of mineral resources use in face of environmental protection. Through the analytical methodology of normative reconstruction, this paper proposes to understand the normative framework of National Forests according to historical and sociological elements. The construction process of the National Policy of Conservation Units in Brazil requires a comprehensive reconstruction of its normative foundations in a sequential historic process of regulatory hermeneutic conformation. In this development it is possible to identify several regulatory models in Brazil, as well as the non-existence of an a priori prohibition of mining activity in National Forests. The assessment of environmental viability can only be done according to concrete cases. The Brazilian regulatory framework allows, if the regular environmental licencing process is followed, the use of mineral resources inside National Forests.

KEYWORDS: National Forest; Mining; National System of Conservation Units.