A competência administrativa dos municípios em matéria ambiental: análise de contribuição da Lei Complementar n. 140/2011 para a efetividade da proteção do meio ambiente pelos entes locais

Abstract

This doctoral thesis intends to investigate the organization of administrative competence of municipalities in environmental matters in the Complementary Law n. 140/2011, in order to check whether this law guarantees the realization of environmental protection by the brazilian cities. It analyzed, specifically, the power to inspect, to impose administrative sanctions and to do environmental licensing, as these are considered the most important mechanisms of the National Environmental Policy. In this sense, it studied the environmental crisis in the risk society, the environment in the Federal Constitution, the division of powers in the environmental field, the content of the environmental administrative competence, the distribution of that power before and after that law, jurisdiction municipalities, the rules of that jurisdiction by the State for the municipalities and the use of public cities association in order to promote the municipalization of the environmental police power. Although it has brought some progress, the conclusion is that this new law does not guarantee the effectiveness of environmental protection by municipalities, specially because the article 9 (XIV, a) submits their actions to the States, thus disrespecting the autonomy of municipalities.