Semper Sapiens – Book homage to Prof. Dr. Felipe Rotondo Tornaria

31/05/2022

Chapter Author: The Speleological Protection in Brazil and the New Regulation on Cave Exploration.

Book Description:

In this important work, presenting in-depth studies in the fields of administrative, environmental, and data protection, in honor of Prof. Dr. Felipe Rotondo Tornaria, Chair of Administrative Law at the University of the Republic of Uruguay, coordinated by Prof. Dr. Álvaro Sánchez of the University of Seville, and sponsored by the Andalusian Association of Law, Environment, and Sustainable Development and Alma Mater Publishing, we analyze speleological protection in Brazil and its regulation.

The speleological heritage is part of a rich heritage of humanity, containing valuable information about life on the planet over thousands of years, thus allowing a better understanding of the evolution of life on Earth.

In Brazil, there is comprehensive legislation pertinent to the speleological area, promoting the protection, study, and management of caves. Due to the significant cultural and natural value of natural underground cavities, they were declared Union assets by the Constitution of the Federative Republic of Brazil of 1988 (CRFB/1988), in its article 20, X, making it the Union's duty to safeguard its assets through concrete measures for their conservation, while ensuring adequate conditions for the economic and sustainable development of these areas. Furthermore, there is an express provision in article 216, V, of the CRFB/1988, which constituted them as Brazilian cultural heritage.

Considering the legislative changes that have occurred concerning speleological heritage in the more than 30 years since the CRFB/1988, the research focused on the current regulations, as well as on the newly published Federal Decree that brought various changes regarding the legal treatment of natural underground cavities.

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