IS THE BRAZILIAN AMAZON PROTECTED BY BRAZILIAN SOCIAL AND ENVIRONMENTAL LAW? Brief reflections on the historical process of its occupation

Breves reflexões a partir do processo histórico de sua ocupação

Abstract

This article aims to analyze, from the history of occupation of the Brazilian Amazon, more specifically the Western Amazon, if environmental standards have been applied and respected, especially considering the environmental relevance of the Amazon and what environmental legislation provides as areas of environmental protection. It is noteworthy that the historical process of occupation of the Western Brazilian Amazon was not carried out from the perspective of environmental protection, on the contrary, it focused on its occupation through rampant deforestation and without any observance of the rights of the people who occupied the land at that time and that they maintained their exploitation with the ecosystem only for their own sustenance and, for that very reason, they were its guardians. We also sought to analyze the current moment, the year 2021, and whether the environmental standards for the protection of conservation units and indigenous territories are being observed, highlighting the need to safeguard them, as they are true refuges for the protection of the ecosystem. demonstrating that the sustainable exploration and the best use of the quantum already deforested is enough for the economic and social development of the anthropized Amazon territory. Attention is drawn to the land issue, due to the absence and precariousness of land regularization, as a problem to be urgently faced by the justice system. Finally, far from answering the title's question, it is hoped to lead the reader to reflect on the need to improve the State's performance, in all senses, for the effective protection of conservation units, as they are the safeguard of the Amazon biome and they have not received efficient protection, despite the environmental law guaranteeing instruments.