Licenciamento ambiental municipal : instrumento garantidor da realização do desenvolvimento sustentável

Abstract

The environmental principle of sustainable development seeks to reconcile economic and social development and preservation of environmental quality, without thereby hindering economic development. Through the environmental licensing is possible to apply effectively the principle of sustainable development as it aims to avoid or minimize environmental damage through the administrative control of the preventive activities and projects allegedly damaging the environment. This is an administrative process, which is being processed in a single state level, why is the principle of the predominance of interest that determine the competence for licensing. For this reason, it is essential to define clearly and unequivocally the environmental executive powers to avoid arguments about which entity would be indicated in the licensing process, and this definition is inevitably the concept of local interest, which governs the principle of predominance of interest, and whose term has no satisfactory definition of environmental legislation, leading to double reading by teaching and creating conflict in the definition of municipal jurisdiction. And this debate intensifies by the fact that both the legislation and environmental resolutions instructed the municipalities to license projects and activities that generate local impact. And it is through the municipalities that can deploy the ecological principle of acting locally and thinking globally, behold, all economic activity, even if authorized or licensed, in principle generates some environmental liabilities, which should be evaluated before the local peculiarities. Therefore, bringing the city to the center of environmental problems increases the success of an environmental policy, given the involvement of the base, living with the daily life of citizens and could stop any attempt to early environmental insult.