Published on the site Counsel on 04/10/2013
With the advent of the new Forest Code arise some questions that deserve to be debated. In this short article the focus will be the compatibility of some provisions with the Constitution and its immediate impact, seeking to bring some clarification on the implementation of important standard by the Courts of Justice of São Paulo and Minas Gerais.
Before entering directly to the subject, it should be noted that the Federal Constitution of 1988 consecrated broadly the protection of the environment, as true fundamental right to third generation, as the Supreme Court decided (Full ADInMC 3450 / DF).