O termo de ajustamento de conduta como instrumento mediador de conflitos de competÃncias administrativas ambientais: o caso de Fernando de Noronha

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

This search analyze the applicability of the legal instrument TAC - Term Adjustment of Conduct in the island space to mediate the conflict of administrative competence between the federal and state government to the environmental management. The research was developed in the archipelago of Fernando de Noronha. This geographical area, since the Portuguese colonization of Brazil, belonged to hereditary captaincy of Pernambuco. With the entry of Brazil in the Second War, Fernando de Noronha was become an advanced war base and was transferred from to State of Pernambuco to federal government. With the Federal Constitution 1988, the Constitutional Act of the Transitory Provisions - article 15, says that the archipelago was restored to the state of Pernambuco, and the Federal Constitution - article 20, IV, determine that all oceanic islands, including that one, would form part of the Federal Government Property. It is created a jurisdictionâs conflict due to lack of ownership. This conflict situation about environmental administrative competence, stronger in the case of Fernando de Noronha because the island territorial indefinite, is repeated throughout the national territory, because the article 23 of the Federal Constitution which authorizes the Union, States, the Federal District and the municipalities to act at the same time on environmental constitutional matters, not only in law enforcement services and their level, but also in other levels, thorough cooperationâs system, looking at countryâs sustainable development. After 20 years the promulgation of the Constitution of 1988, not yet published a Complementary Law responsible for regular cooperation between the different federal entities, as says the article 23 of the Constitution. To temporally resolve this conflict of rules, which reflect to the environmental permits granting on the island, the CONAMA - National Environmental Council, by Motion N. 22 of June 12, 2001, has proposed the conclusion of TAC - Term Adjustment of Conduct between the Government of the State of Pernambuco, the Federal Public Ministry and the Union, through IBAMA - Brazilian Institute of Environment and Renewable Natural Resources. Signed in 2002, the TAC was the landmark defining the attributions of government public levels engaged in environmental location. The objective of this search was to analyze the model of distribution of environment administrative competence established in the archipelago of Fernando de Noronha from the celebration of the Term of Adjustment of Conduct, and verify their impact on the public environment management quality. The field and documental research showed the effectiveness of the Term of Adjustment of Conduct concerning the legal competence of federal and state government involved in the environmental management of the Archipelago although the effectiveness of the TAC has been intentionally mitigated by the islandâs public administrators when its conclusion and implementation.

ASSUNTO(S)

environmental management competence noronha administracao publica competÃncia (autoridade legal) â arquipÃlago fernando de noronha/pe conflict gestÃo ambiental conflito administraÃÃo â arquipÃlago fernando de noronha/pe

ACESSO AO ARTIGO

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