A proibição de retrocesso e a reforma do Código Florestal

Abstract

This article aims to address the importance of the principle ofprohibition of social reverse in Environmental Law, specifically with regard toattempts to change the design of Law 1876/99, which aims to establish in Brazil anew Forest Code. It analyzes the principle of prohibition of reverse, as conceptualized by the doctrine and its application in Brazilian constitutional system,referring to the principle by higher courts. Then bring to light the issue ofproportionality in applying the principle to the end, examine the main proposals for change to the Code. It concludes that any backtracking on environmental issueswill be taken by infra-constitutional legislation as unconstitutional, when there isno scientifically based knowledge to justify any change.