Sanções administrativas em decorrência de dano ambiental: uma análise da atuação por órgão ambiental municipal

Abstract

The 1988 Constitution of the Federative Republic of Brazil states that everyone has the right to an ecologically balanced environment, being the responsibility of both public authorities and the community the duty to defend and preserve it for current and future generations. In this sense, the environment starts to be considered a public patrimony to be assured and protected, aiming at collective use. In this scenario, the State's performance in terms of its power to interfere in this society / nature relationship stands out, creating conduct norms with the objective of creating mechanisms capable of regulating the activities of exploration of the environment. In this context, this research aimed to analyze the performance of municipal bodies in the face of environmental damage, in the exercise of police power and all the sanctioning forms established by the current law, as well as the ways of acting and their competence in the actions resulting from the exercise of this power by municipal environmental agencies based on the Ferderal Constitution and complmentary Law No. 140, of December 8, 2011.