Análise do licenciamento ambiental paulista de loteamentos habitacionais sob a ótica das competências legislativa e material ambiental

Abstract

This monograph aims to outline the legislative power of federal entities regarding environmental law and the constitutional limits to produce non-statutory environmental laws – especially those ones that are applied to environmental license of housing development of São Paulo –, observing the main limit of normative production of Legislative Power: the Principle of Legality. Thus, competencies of legislative power regarding environment, the Principle of Legality, environmental licensing, legal figure of housing development and specific law analysis of non-statutory environmental law to housing development at São Paulo State are presented. Considering this, it is highlighted that the Executive Power – besides what it does – interferes at Legislative Power attributions and creates, on daily basis, obligations through non-statutory laws, confronting the Democratic State, separation of Powers and Principle of Legality, determined and protected constitutionally. It also known that the improper performance of the Executive Power happens with the approval of Judiciary Power at São Paulo State, which does not analysis the constitutionality worth of such executive management, since, when it has to decide about environmental questions facing other cases – where there is a confronting point to Federal Constitution of 1988 – it does not come about the constitutional question, as well as, it does not repeal, revoke or declare revoked the illegal legislating activity of Executive Power considering these situations, promoting, even indirectly, law insecurity regarding environment matters, especially, in environmental licensing. To make this monograph, research based on theoretical and technical books, jurisprudence of first level, Court of Justice of São Paulo, Superior Court of Justice, and Federal Supreme Court was done