A devastação ambiental em Borda da Mata (Canhoba-SE) : um estudo de caso

Abstract

This monograph analyzes the effectiveness crisis of Environmental Law within the context of Agrarian Reform, focusing on the case study of the Borda da Mata Settlement in the municipality of Canhoba, Sergipe. The research investigates the causes of the degradation of the São Francisco River's Riparian Forest, identifying it not as an isolated infraction, but as a direct consequence of a Programmatic Omission by the Federal State (INCRA), which implemented the project without prior Environmental Licensing and without providing the necessary Technical Assistance and Rural Extension (ATER). The study demonstrates the collapse of Cooperative Federalism and the insufficiency of the merely repressive model of fines in the face of the settlers' socioeconomic vulnerability. The methodology adopted is the structural case study, with a qualitative approach and documentary analysis. As a result, the research proves that the solution to the socio-environmental conflict required the intervention of the Public Prosecutor's Office through Structural Judicial Injunction and the imposition of a Qualified Programmatic Sentence. It is concluded that the success in the ecological recovery of the area, reaching a 400% reforestation rate, is due to the thesis of Total Financial Regressive Responsibility, which forced the federal entity to fully fund the Degraded Area Recovery Plan (PRAD), transforming the Judiciary into an inducer of public policies and a guarantor of Environmental Justice.