ANÁLISE JURÍDICA ACERCA DAS ÁREAS VERDES URBANAS INSTITUÍDAS EM CIDADES E A RESPONSABILIDADE CIVIL DOS ÓRGÃOS PÚBLICOS EM PROMOVER E PRESERVAR ESSES ESPAÇOS ESPECIALMENTE PROTEGIDOS

Abstract

The present work, analyzing the legal aspects of urban green areas instituted in cities and the civil responsibility of municipal public bodies to promote and preserve these specially protected spaces, aims to analyze the existing legislation concerning urban green areas. The applied methodology was the deductive approach, utilizing a theoretical framework for the research, through doctrines in the field of Environmental Law, especially professors Frederico Amado and Paulo de Bessa Antunes, as well as the analysis of existing legislation. It was concluded that Brazilian legislation, regarding the protection and promotion of the environment, is quite advanced, both with the institution of the environment as a constitutional right and through the establishment of international commitments via conventions. However, despite the legislation being well advanced, a more specific regulation is still lacking regarding urban green areas, as there is a disparity in the treatment of these spaces in cities. Some, like Sobral/CE, are examples of green promotion in the city, and others, which are the majority, do not correctly regulate these spaces.