Chapter Author: Analysis of the (Un)Constitutionality and (Il)Legality of the Requirement for IBAMA's Consent for Vegetation Suppression in the Atlantic Forest

Book Description:

Complementary Law No. 140, which came into effect on December 9, 2011, finally regulated items III, VI, and VII of the caput and the sole paragraph of art. 23 of the Fundamental Law, seeking to establish rules for cooperation between federative entities in administrative actions arising from the exercise of common competence related to environmental protection. This law aimed to promote the decentralization of environmental management, the optimization of efforts, and legal security, contributing to the effectiveness of the right to the environment.

Complementary Law No. 140/2011 was partly inspired by CONAMA Resolution No. 237/97, and partly the result of innovations or adaptations from other normative texts. Among the main characteristics derived from the mentioned resolution, the following can be highlighted: a single level of environmental licensing, the non-binding participation of other federative entities in environmental licensing, the recognition of municipalities' licensing competence, and the regulation of the possibility of delegation of duties and administrative actions.

The work is divided into three parts: the first deals with the general aspects of environmental administrative competence, the second with specific situations related to Complementary Law No. 140/2011, and the third with the Municipality and Complementary Law No. 140/2011. There are forty-four chapters written by individuals with extensive practical and theoretical experience in the field, highlighting the existing professional and geographical diversity. Indeed, it is possible to find professionals from various legal activities, such as private lawyers, public attorneys, judges, members of the Public Prosecutor's Office, professors, civil servants, and managers of environmental agencies, among others, as well as professionals from different regions of the country.

The book is available at: https://clubedeautores.com.br/livro/10-anos-da-lei-complementar-2

E-book format: https://www.amazon.com.br/dp/B0BBDJ81X5