Limites da competência normativa municipal ambiental

Abstract

The present study aimed to analyze the distribution of competences of the political entities provided for by the Federal Constitution of 1988, and, specifically, to demonstrate the aspects that guide the legislative competence of the Municipalities on Constitutional matter of Environmental Law. Aligning itself with the objective now exposed, the following problematic question is brought up that directs the referred work: based on the most authoritative doctrine and jurisprudence, what are the limits of municipal competence to legislate within the scope of local interest, supplementing the norm federal and state, about the environment? As a study hypothesis, it is argued that the Municipality has the competence to legislate locally on the subject of environmental law, as provided for in the 1988 Constitution. The thematic relevance of the subject is understood, precisely because of its relevance in the social field and legal, since the legality of the municipality legislating on matters of local environment can make environmental policies more effective, since the municipalities are at the base of the environmental problem. With regard to methodological procedures, this research took the form of a qualitative descriptive study, based on the technique indicated for conducting a bibliographic and documentary study. In addition, jurisprudential research was also used as a way to legally support this study. The deductive method applied was based on the interpretation of the 1988 Federal Constitution, legislation, jurisprudence and doctrines. It was found that in order to measure the validity of a municipal law that deals with the environment, the following standards must be observed: existence or not of federal and state law dealing with the theme; if there is federal or state law, check if the municipal law is more or less protective of the environment; if there is a federal or state law, check if these expressly allow the municipality to adopt a more restrictive or less protective rule for the environment; assess whether the municipal law considered municipal peculiarities or whether in the specific case there is no local interest other than the regional or national interest capable of justifying a different rule for the local entity. It is concluded, therefore, that the autonomy of the Municipality, with the attribute of constitutional principle that it is, is intrinsically related to this concept not defined by the 1988 Constitution, that is, local interest. However, the scope of such a proposition is determined by the conjugation of this term with the other constitutional provisions.