Comparação entre legislação estadual e municipal na análise de áreas de preservação permanente urbanas em Dois Vizinhos – PR

Abstract

The main objective of this study was to analyze the Permanent Preservation Areas (PPAs) located in the urban zone of the municipality of Dois Vizinhos – PR, through the application and comparison of the current state and municipal environmental legislation. PPAs are specially protected territorial spaces with essential ecological functions, such as the protection of water resources, erosion control, biodiversity maintenance, and regulation of the urban microclimate. In urban contexts, these areas are even more relevant due to the increasing process of unplanned urbanization, which often leads to the irregular occupation of environmentally sensitive areas. The methodology adopted in this study involved the use of geotechnologies as tools for spatial analysis and decision-making support. The hydrography shapefile of the municipality of Dois Vizinhos, provided by the city hall, was processed and analyzed within a Geographic Information System (GIS) environment, enabling a detailed assessment of the territorial configuration and the delimitation of urban PPAs according to the established legal parameters. The study considered the criteria defined by State Law No. 18.295/2014, which establishes more restrictive protection guidelines, and Municipal Law No. 2.742/2023, which proposes significantly reduced protection strips, establishing only 10 meters for PPAs along watercourses within the urban perimeter. The comparative analysis between the two legal frameworks revealed a substantial difference in the areas designated for preservation: while the state legislation delimits 399.32 hectares of urban PPAs, the municipal legislation reduces this area to 159.33 hectares — representing a 60.10% decrease. This significant difference highlights not only a flexibilization of environmental norms at the local level but also a possible conflict with the principle of normative hierarchy, according to which environmental protection standards cannot be weakened by lower-level legislation, especially to the detriment of environmental conservation. In addition to legal noncompliance, the results obtained reflect direct implications for the municipality's environmental quality and urban sustainability. Therefore, this study underscores the urgent need to revise the municipal legislation to align it with state and federal guidelines, as well as to implement public policies aimed at the preservation, restoration, and sustainable management of environmentally sensitive areas in urban spaces.