Competência dos municípios de minas gerais em licenciar atividades degradadoras

Abstract

Environmental licensing is an instrument of the National Policy for the Environment that seeks sustainable development, is a condition by which the environmental agency permits the implementation, expansion and operation of enterprises with effective potential for pollution. It is up to IBAMA at the Federal Union level and at SEMAD at the State level in Minas Gerais to deliberate on the procedures and decide whether to request the license required by those interested. SEMAD currently has many processes to be analyzed and have few effective technicians, consequently the slowness of analysis brings problems of various magnitudes to the environmental agency. With the advent of Complementary Law No. 140, dated December 8, 2011, regulations were issued regarding cooperation between the Federal Union, the States, the Federal District and the Municipalities in the administrative actions arising from the exercise of common competence for the protection of the environment and too much. By making it appropriate for SEMAD to deliberate on a standard that allows those municipalities that meet certain conditions to assume the original competence to license and supervise activities and / or undertakings with potential polluters. The present study, through a documentary research, analyzed the laws in force at the national and state levels of Minas Gerais, as well as the criteria for decentralization of competence in licensing degrading activities, discussing how norms on the subject imply municipal environmental licensing, bringing an analysis of a methodology capable of identifying the opportunities, the promising tendencies as well as the care and possible failures in the attribution of local power in licensing. Concluding that the technical qualification of the municipal environmental agency is essential, with qualified professionals from the environmental area, in order to eliminate the existing risks of state management, as well as minimize the threats of the new municipal attribution.