Critérios definidores da competência administrativa no processo de licenciamento ambiental
No Thumbnail Available
Date
2011-03-01
Journal Title
Journal ISSN
Volume Title
Publisher
Universidade Catolica de Salvador
Abstract
It is common responsibility between the federal, state, Federal District and municipalities to preserve the environment and control pollution in all its forms. This means that everyone must pursue political acts aimed at environmental preservation materials and the regulation of pollution. Certainly the instrument that implements the constitutional powers allocated to political entities is the environmental licensing of power consectário environmental police force, for all activities able to generate environmental degradation should first be licensed by the competent environmental agency. However, it is very common for conflicts among the different spheres of environmental agencies to define the responsibility for licensing, which delays the development of economic and violates the Brazilian federative pact, because it generates enormous legal uncertainty. Environmental legislation provides for the criterion of the extent of damage and the dominion of the criterion as well afetável parameters defining the powers to license, but does not expressly say that the overriding criterion. Considering that the common environmental responsibilities among all levels of government must be regulated by complementary law not yet enacted, by inserting the environmental licensing in this field, it debated by Congress the bill supplementary 12/2003. Last minute, was approved in the House Amendment to substitute global 01/2009, on 16.12.2009, awaiting vote in the Senate of the Republic in 2011. This project aims to regulate the powers shared environmental and that brings a detailed treatment of the licensing responsibilities of political entities.
Description
Keywords
Competência administrativa, Licenciamento ambiental, Critérios legais, Administrative competence, Environmental licensing, Legal criterion