The primacy of the brazilian forest code over the land use act due to non-regression principle

Abstract

The purpose of the study is to analyze the divergence installed on the application of the Forest Code (Law n. 12,651/12) and the Urban Land Parceling Law (Law n. 6,766/79) for existing buildings or buildings intended to be built in areas considered to be of permanent preservation, assessing whether the Forest Code prevails over the Urban Land Parceling Law, in light of the principle of the environmental prohibition, considering the Socioenvironmental State of Law, proposed by the Federal Constitution. The study methods were descriptive and deductive, using bibliographic-documental, legislative, and jurisprudential research. In the end, it is concluded that the Forest Code prevails over the Urban Land Parceling Law, due to the legal good protected by the former.