STF considera inconstitucionais dispositivos de lei de SC sobre licenciamento ambiental
O Supremo Tribunal Federal (STF) considerou inconstitucionais os dispositivos de uma lei de Santa Catarina que dispensavam ou simplificavam o licenciamento ambiental de parte das atividades de mineração no Estado. O julgamento aconteceu no plenário virtual e foi concluído na noite de segunda-feira. Todos os ministros seguiram a relatora, Cámen Lúcia.
A ação foi movida pela Procuradoria-Geral da República (PGR), que alegou que as normas estaduais teriam invadido a competência da União, a quem cabe legislar sobre proteção do meio ambiente.
Em seu voto, Cámen Lúcia afirmou que as normas nacionais preveem a necessidade de concessão de licença ambiental em todas as fases dos empreendimentos e atividades capazes potencialmente de causar danos ao meio ambiente e que essas disposições devem necessariamente ser seguidas pelos Estados.
"Não é lícito ao legislador estadual nem, no caso, ao legislador catarinense, portanto, dissentir da sistemática definida em normas gerais pela União, dispensando e adotando licenças simplificadas que, de forma inequívoca, tornarão mais frágeis e ineficazes a fiscalização e o controle da Administração Pública sobre empreendimentos e atividades potencialmente danosos ao meio ambiente", disse.
Para Cármen Lúcia, "ao estabelecer dispensa e simplificação de licenciamento ambiental às atividades de mineração, o legislador catarinense esvaziou o procedimento de licenciamento ambiental estabelecido na legislação nacional".
"A exigência de licença...
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