Architecture of the federative pact on environmental competences: Reflections on ADIN no. 4757-DF

• Autor(a) principal: Ahmed, Flavio
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Direito em Movimento (Rio de Janeiro. Online)
• Texto Completo: https://ojs.emerj.com.br/index.php/direitoemmovimento/article/view/561
• topic: meio ambiente; competências; federalismo cooperativo; environment; competencies; cooperative federalism

This paper investigates the evolution of Judiciary's treatment in its decisions. The decisions refer to the effectiveness of cooperative federalism's implementation supported by the 1988 Constitution as well as to what extent this evolution represents the greatest concreteness of the right to a healthy and balanced environment, which belongs to everyone and is essential to a healthy quality of life. The analysis covers the transition from centripetal federalism to the cooperative model and its evolution, as well as the expression and recognition that the federation gained for their legislative and administrative actions and the corresponding significance for better performance by the Public Power in environmental protection. The study is then dedicated to the analysis of Adin 4757-DF, which investigated the constitutionality of Complementary Law No. 140/2011. This law regulated environmental administrative competence for cooperation between the Union, the States, the Federal District and the Municipalities that concerns administrative actions arising from the exercise of common competence relating to the protection of the environment. The study investigates the theoretical and hermeneutical contributions that this judgment brings to the interpretation of cooperative federalism in environmental matters through the structure of the constitutional model’s architecture contemplating cohesion, non-overlapping functions, efficiency and at the same time inter institutional cooperation and dialogue.