Governance and Laws of Mountains - Impact of Global Changes on Mountains: Responses and Adaptation - page 182

code (Law 12,651/12 areas of permanent preservation, “covered or not by
native vegetation, with the environmental function of preserving water
resources, the landscape, the geological stability, biodiversity, the fauna and
fl ora gene fl ow, to protect the soil and to ensure the well-being of human
population”. It essentially includes amongst others, the forests and forms
of natural vegetation, situated throughout any water course; water springs;
top of mounts, mounts, mountains; the hillsides with a slope of 45º degrees,
equivalent to the 100% in the line of bigger declivity. The law of Ambient
Crimes (Law 9,605/98) stipulates the destruction, to cause damages, to
remove, to hinder or to make it diffi cult the regeneration of considered
forest of permanent preservation, as a “crime”. Brazilian 'Serra do mar'
(seaside mountain range) and socio-environmental vulnerable areas are a
dramatic example of disrespect to the legislation, the scientifi c knowledge
and common-sense. Although there are scientifi c and historical evidences
of natural landslides that occurred in the mounts/mountains of bioma of
Mata Atlantic, especially in the regions of South and Southeastern Brazil,
there is also a discussion that there is a high concentration of population
that are socio-economically vulnerable living on this environmentally fragile
land. There is also a discussion that even public power has to own some
responsibility because it has big infrastructure projects but it did not provide
housing to socio-economic vulnerable people and did not prevent people
involved in relocation for large infrastructure projects from inhabiting fragile
protected by the ambient legislation of Areas of Permanent Preservation.
State government was aware of the situation of people living in the area and
also the risk of landslides in the serrana region of Rio de Janeiro (Petrópolis,
Teresópolis and Nova Friburgo) as well as in the hillsides of the region
of the valley of the river Itajaí in Santa Catarina but still did not take any
action. In all the cases, many deaths could have been avoided with the
preventive measures taken by the State. The irresponsibility of the State led
to an harmful impact on the society, perhaps it is time to consider making
illegal settlements as legal to give them better housing and infrastructure.
The analysis of the disasters characterizes the populations of the affected
areas, as explicit of the 'Society of Risk' (BECK 1998), therefore coexisted,
of conscientious form, with the possibility of higher risks. The acceptance
of the social, economic, ambient risk as dynamic demonstrates the lack of
the urbanization planning leading to re-occurring natural catastrophes.
Since different income groups have different capacities to deal with the
disaster (because of difference in disposal income), the impact of damage
is far more reaching for poor people. Therefore, in contrast of what is
suggested, the social inequality also multiplies the risk and intensity with
which vulnerable people are affected (ASCELRAD 2006).