Caatinga como patrimônio nacional: efeitos constitucionais da inserção do bioma na proteção do parágrafo 4º, art. 225

Abstract

The present work aims to understand the constitutional consequences for the Caatinga to the inclusion in the list of biomes considered as National Heritage provided for in paragraph 4 of art. 225 of the Brazilian’s Constitution and its practical implications in the protection granted by the Major Law to the aforementioned biome in the potential of being considered as such. Therefore, the investigation began by analyzing the historical, social, economic and legal valuation of the Caatinga in its extension, passing through the promulgation of the Constitution and respective hermeneutics, in order to evidence the institutional guarantee bias of the aforementioned device, to finally, to verify the behavior of the procedural instruments for the protection of the institutional guarantee in the face of the absence of forecast of the caatinga in the list mentioned. As for the methodology, it was predominantly used the Descriptive, Exploratory and Evaluative, through bibliographical sources. Finally, it is evident that the protection provided by the constitutional provision dealing with the National Heritage allows, in addition to the institutional guarantee of non-suppression, greater amplitude through procedural instruments, as well as the biome as a whole.