THE INTERPRETATION ACCORDING TO THE CONSTITUTION AUTHORIZATION OF THE ENVIRONMENTAL LICENSING WITHIN THE MANEGEMENT UNIT CONSERVATION
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Abstract
This article aims to analyze the authorization of the organs responsible for the management of protected areas for environmental permitting of projects that affects the protected area or its buffer zone, according to the provisions of Article 36, § 3, of Law n. 9.985/00. Given the possibility of a double interpretation of this institute, the principle of interpretation according to the Constitution shall be used to seek the only interpretation consistent with the constitutional text, especially with the right to an ecologically balanced environment, the requirement of Complementary Law to establish norms of cooperation for the exercise of joint competence in environmental matters and the principle of federalism.
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