Concessões em Áreas Protegidas: Uma Análise dos Modelos Estadunidense, Chileno e a Proposta Para o Estado de São Paulo (BRA)

Abstract

The models of concessions in Protected Areas (PAs) differ worldwide and are directly related to the history of land use, culture and environmental policies adopted by each country. The laws that regulate concessions in US and Chilean PAs were developed decades ago and are still under constant evaluation by the public authorities of both countries. The State Law No. 16.260 / 2016, which authorizes concessions in 25 Conservation Units (UC) in the state of São Paulo, is recent and, therefore, it is not possible to identify a consolidated model for concessions for use and services in UCs . The determinations related to the rights and duties of the concessionaires, the inspection of the concessioned activity, the specialization of those subject to responsibility for managing the contracts and the contract termination are absent from the São Paulo Law. The performance of government management is necessary so that concessions for uses and services do not negatively impact the protection of natural and cultural heritage present in UCs and in their surroundings. The main objective of this study was to analyze different concession models adopted in PAs, considering the main laws that govern it and analyzing the proposal for the Serra do Mar State Park-Núcleo Santa Virgínia. To this end, the legislation that authorizes as concessions in US and Chilean PAs and probable models adopted in Yellowstone National Park (USA) and Los Flamencos National Reserve (CHI) were investigated.