A cota de reserva ambiental no Supremo Tribunal Federal: reflexões sobre o instituto após a declaração de constitucionalidade

Abstract

The Environmental Reserve Quota (CRA) aims to quote the legal surplus of legally protected forests and vegetation, in order to be an alternative in the environmental compensation procedure for the regularization of rural property. However, the regulation of this instrument in the current Forest Code has criticisms, which culminated in the assessment by the Federal Supreme Court (in) direct form in the Direct Actions of Unconstitutionality 4901, 4902, 4903 and 4937 and in the Declaratory Action of Constitutionality 42. In this context, the CRA can be considered a promising socio-environmental and economic instrument to protect the intergenerational healthy environment, in the current legislative configuration in which its constitutionality was confirmed by the Federal Supreme Court? With the main objective of analyzing the main discussions regarding the CRA in direct actions,the present study brings as conclusion the need for multidisciplinary upgrading to the CRA Institute, in order to truly present positive results to society and the ecological environment.