The Effect of Municipal Environmental Governance Structure on Statewide Environmental Law Enforcement in the State of Rio de Janeiro: an empirical study
| Autor | Rômulo Sampaio - Patrícia Sampaio - Rafaela Nogueira - Fernando Penteado |
| Páginas | 131-135 |
Summary:
e challenges inherent in implementing Brazil´s general framework of envi-
ronmental governance stem in part from the di culties in characterizing envi-
ronmental damages in space and time, as well as in setting up clear and objecti-
ve criteria to estimate the value of environmental goods, resources and services.
ese di culties directly impact the formulation of public policies and judicial
decisions, which, consequently, in uence the e ectiveness of environmental
governance.
Underlying these di culties are several de ciencies that go back to the ori-
gins of the Brazilian system of environmental law that challenge even more the
e cacy of the environmental norms. Despite the fact that the country is home
to an advanced environmental legal regime, the general perception is that there
are serious implementation obstacles.
In this article, we observed the challenges imposed by the concurrent di-
vision of legislative competence with respect to the environment between the
Municipalities, States and the Union. In accordance with article 24 of the Bra-
zilian Constitution, legislative activity by the Union should produce general
norms that comprehend a national or regional scope. According to Paragraph 2
of that same article, legislative activity at the State and the Federal District level
should supplement the general norms produced by the Union. In some sense,
supplement implies implementation of a stricter rule; however, the Supreme
Court has determined that a State law cannot forbid an act expressly permitted
by a federal law. Similarly, Article 30, parts I and II of the Constitution, exten-
ds to the Municipalities the authority to exercise their legislative competence
supplementing State and Federal laws.
With respect to enforcement, all Union, State, and Municipal entities are
equally competent to manage the environmental goods, resources and services in-
side their respective territorial and jurisdictional limits. Yet the uniquely intercon-
B) A GOVERNANÇA DOS ATORES PÚBLICOS E PRIVADOS
A) A GOVERNANÇA NACIONAL
1) METODOLOGIA DE ANÁLISE
THE EFFECT OF MUNICIPAL ENVIRONMENTAL GOVERNANCE STRUCTURE
ON STATEWIDE ENVIRONMENTAL LAW ENFORCEMENT IN THE STATE OF
RIO DE JANEIRO: AN EMPIRICAL STUDY
RÔMULO SAMPAIO, RAFAELA NOGUEIRA, PATRÍCIA SAMPAIO, FERNANDO PENTEADO
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