An analysis on the legality of constructions in the riverbanks of the Taruma-Açu river in Manaus - Amazonas

Abstract

This article analyzes the legality of constructions on the riverbanks and slopes of the Tarumã-Açu. Based on an examination of the constitutional, federal, state, and municipal normative framework, as well as prevailing legal doctrine and jurisprudence, the legality of these buildings is investigated, especially in the face of the legal regime governing Permanent Preservation Areas (APPs). The impacts resulting from both the structures themselves and the subsequent increase in human presence in those locations are detailed. Finally, legally-founded solutions are presented for the identified irregularities. It is concluded that there is a need to strengthen environmental inspection and police power, as well as for the impossibility of allowing irregular constructions to remain, as the only way to curb new violations and guarantee the constitutional protection of the common use of the environment.