Territorial areas with dedicated protection: remarks on the judgment of ADIn (Direct Action of Unconstitutionality) 4,717/DF

Abstract

This article deals with the decision handed down by the Federal Supreme Court in ADIn 4.717/DF, which had as its object the declaration of unconstitutionality of Provisional Measure n. 558/2012, later converted into Law n. 12,678/2012. This provisional measure set out alterations in the limits of units of conservation, created with fulcrum in art. 225, § 1º, section III, of the Federal Constitution. This investigation intended to analyze the grounds that led to the decision rendered. Special focus was given to the unfeasibility of modification of these areas by a provisional measure since the summary procedure related to its conception prevents technical studies and public consultation to be carried out and these are essential requirements for the establishment of these areas.