As competências ambientais na constituição federal

Abstract

This study discusses the Brazilian constitutional distribution of environmental jurisdiction. Background information on this topic begins with the formation of the Brazilian Federation, with detailed information regarding its origin in the United States of the America including its characteristics and the legal basis, and proceeds through to the current Brazilian Federal States. Subsequently, the constitutional, legislative, and rational material jurisdictions with their partition between the Federal entities are presented. The general rules are discussed with a focus on surveying the policies regarding the status of the law. For the international treats, the environment is discussed with emphasis on the initiation and legislative status established by the National legal management. Various aspects of the environment are discussed from their historical evolution up to the conception of an autonomously trusted property controlled by proper principles with the purpose of maximum protection of a guarded object. The distribution system of environmental jurisdiction is discussed detailing aspects of its legislative and rational material jurisdictions and the power sharing reserved for the three federal areas. The biased orders from public authorities are studied individually focusing on the environmental competences. Furthermore, conflicts of interests caused by the distribution of public power are also discussed since, in the past, these have been implicated in the occurrence of constitutional conflicts, mainly between rules that enunciated fundamental rights. This study concludes with a discussion of the environment under the present Brazilian jurisdiction.