Municipalização do licenciamento ambiental no Ceará: estudo de caso do município de Tianguá-CE

Abstract

Environmental licensing is a crucial instrument established by the National Environmental Policy (PNMA), Federal Law nº 6.938/1981, as it allows for control and prevention of negative impacts on the environment. It is an administrative procedure tasked with licensing activities or ventures that utilize environmental resources, either effectively or potentially polluting, or capable, in any form, of causing environmental degradation. The Federal Constitution, promulgated on October 5, 1988, establishes in its article 23, subsections III, VI, VII, the common competence in administrative actions related to environmental matters among the federal entities Union, States, Municipalities, and the Federal District. Subsequently, Suplementary Law nº 140, dated December 8, 2011, regulated the aforementioned subsections of article 23, defining and distributing environmental administrative actions among the federative entities, such as municipal environmental licensing. Thus, municipalities, since the CF/1988 and its regulation by LC 140/2011, have been issuing environmental licenses for activities and projects with potential local environmental impacts. In this regard, the municipalization of environmental licensing is a crucial process for the environmental management of municipalities. This study aims to analyze municipal competence for environmental licensing, using the municipality of Tianguá in the State of Ceará as a case study, to verify not only if the municipality complies with the criteria of Resolution COEMA nº 07/2019 but also to identify the main existing gaps for the implementation of this procedure. This investigation employs a qualitative approach, with an explanatory nature analysis, incorporating elements of exploratory and descriptive research, based on bibliographic-documentary research. The results obtained revealed a lack of financial resources, insufficient materials, few qualified professionals, deficiencies in monitoring and oversight of activities. Therefore, it is necessary to strengthen the institutional capacity of local entities in carrying out environmental licensing, considering the identified weaknesses, as this tool becomes indispensable for preventing environmental damage.