Licenciamento ambiental : competências dos entes federativos.

Abstract

This research deals with the issue of municipal environmental licensing, referring to the new rules established by Complementary Law No. 140/2011, whose rules conferred greater local environmental responsibilities, with the municipalities having greater autonomy regarding environmental monitoring. The Federal Charter was not expressly clear in its text about how federative entities would optimize the licensing of projects that are potentially offensive to the environment, as well as the enforcement of environmental regulations. This is the reason why it is difficult to implement projects that need environmental licensing, causing unnecessary expenses and legal uncertainty. Thus, so that the projects can be carried out with environmental safety and thus contribute to an ecologically balanced environment, the present research seeks to inquire about the following problem: what are the competences of the federative entities in the ambit of environmental licensing? In order to develop the proposed objective, the competences of the federative entities for environmental licensing are analyzed, taking into consideration the structure implemented by the National Environment System (SISNAMA), the attributions conferred to the National Environment Council (CONAMA) and the consequences arising from the edition of Complementary Law No. 140/2011. From a current perspective, where possible, licensing should be coordinated by the local authority. However, when necessary, in a subsidiary or supplementary manner, there will be joint work with the larger entities, which in this case are the States and the Union, since the environment must be fully protected. Therefore, the big question is about the local versus global effect, if due to possible local environmental mismanagement, which would then be reflected beyond municipal boundaries. This research uses the deductive method, since it was performed the analysis of the competences of the federative entities for the environmental licensing. In this way, protecting the environment to the best of our and future generations.