Competência em matéria de licenciamento ambiental: do conflito à solução?

Abstract

The Environmental Licensing is one of the most important environmental management instruments, since, through it, the Public Administration will effect the prior control of the economic activities of users and potentially degrading environmental resources, imposing conditions and environmental control measures to the entrepreneur, the so that it fits your activity, work, undertaking or service to environmental protection standards, avoiding, minimizing or compensating damage to the environment and a healthy quality of life and health of the community. This article aims to analyze the competence for environmental licensing, based on an analysis of the constitutional common material competence in environmental harvest, distinguishing between the administrative competence supervisory and licensing expertise. We intend to investigate the various normative criteria adopted for the distribution among the federal entities of the licensing competence in question. The work proposes, moreover, to expose the various conflicts between environmental agencies, due to the long absence of regulation of art. 23, sections III, VI and VII of CF / 88 by complementary law - requiring the Charter itself Magna-, which permitted in recurrent conflicts of jurisdiction, causing misunderstandings between environmental agencies, risking the proper enforcement of the environmental licensing. They will be evaluated the new criteria established by Complementary Law n. 140/2011, which recently regulated this administrative competence in environmental matters, and if they meet the yearning of minimizing conflicts between environmental agencies.