A competência suplementar dos estados para legislarem sobre a proteção ambiental na zona marinha: os reflexos da ADI 6218/RS

Abstract

In 2018, the Legislative Assembly of Rio Grande do Sul approved Law nº 15.223. Thus, it prohibited fishing through the use of any and all trawl nets pulled by motorized vessels, throughout the territory of the State of Rio Grande do Sul, including the 12 nautical miles of the maritime strip of its own coastal zone, involving in its content economic, social and environmental issues. However, the legal-constitutional legitimacy was questioned, understanding that the Ente would have usurped the competence of the National Congress to legislate on the Brazilian territorial sea. Therefore, the present paper discusses the constitutional possibility for Brazilian coastal states to legislate on their marine zone in the light of environmental protection and supplementary competence. Therefore, it is intended to carry out the research through indirect investigation, through bibliographic and documentary research related to the theme, with an exploratory approach, aiming to interpret and critically analyze the facts, seeking to improve the concepts put forward. The approach is qualitative and the method is dialectical, as it seeks a greater understanding of the theme and its relationship with society. After all, can States or cannot legislate on their marine zone in favor of protecting the environment and preserving biodiversity?