Juridical argumentation for suppression of native trees in roadside: considerations for road safety

• Grant number: 12/18888-5
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: November 01, 2012
• End date: December 31, 2013
• Field of knowledge: Engineering - Civil Engineering - Transportation Infrastructure
• Principal Investigator: Barbara Stolte Bezerra
• Grantee: Dayane Thomazi Maia
• Host Institution: Faculdade de Engenharia (FE). Universidade Estadual Paulista (UNESP). Campus de Bauru. Bauru , SP, Brazil

Abstract

Roadside is the set of areas declared of public utility, expropriated by decree or administrative a possession and necessary for the implementation of the works of the road or highway and operating their devices. The use of these areas must meet the conditions set by the traffic safety agency or entity with constituency on the way. The presence of trees on the roadside roads is closely related to the safety of motorists. This concern is due to the fact that drivers who travel the highways use these areas as an escape in case of accidents with lane departure, however, the risk of accidents is compounded by the existence of woody vegetation on the roadside. The question that arises is as to the applicability of environmental regulations requiring compensation, ie, in the case of removal of native vegetation from the roadside if there was a need of replacement trees, taking into account that these native trees are potentially damaging to security and even the right to life of the drivers. The scope of work is to make a thorough legal analysis of the laws governing roadside and doctrinal analysis of the fundamental principles of the said goods to be protected as well as present solutions to the problem of roadside Highways in the State of São Paul. The materials and methods used will be bibliographic research, quantitative and qualitative analysis with questionnaires, and visits to agencies and entities relevant to the subject.(AU)