Descentralização do licenciamento ambiental como instrumento de proteção efetiva do meio ambiente

Abstract

This paper discusses the importance of decentralized environmental licensing, ie, prepared by local environmental agencies, whose decisive factor was the advent of Complementary Law n. 140/2011. It's musty, even by law corollary that any project or activity that causes an environmental impact should undergo a prior environmental licensing. Thus, depending on the type of project or activity, and the degrading ability of these, there will be an organ or entity SISNAMA (National Environmental System) competent to preside over the environmental licensing. Our Federal Constitution, in sections III, VI and VII of art. 23, states that it is common competence of the Union, states and municipalities protection, in general, the environment. In order to define in detail the above mentioned constitutional law arises Complementary Law Federal n. 140 of 08 December 2011 laying down detailed rules for cooperation between the Union, the states, the Federal District and the municipalities in administrative proceedings arising from the exercise the common responsibility concerning the protection of outstanding natural landscapes, protecting the environment, combating pollution in any of its forms and the preservation of forests, fauna and flora. As such, the Complementary Law n. 140/2011 did nothing more than to determine, among other issues, as would be the way of decentralizing environmental licensing, precisely to allow an effective environmental protection. Thus, this paper addresses this issue, focusing on the reality of the State of Mato Grosso, with due accuracy, in order to emphasize that only decentralizing environmental licensing, can achieve effective protection of ecologically balanced environment.