Competência administrativa em matéria ambiental: o caso de Fernando de Noronha

Abstract

This paper will address the overlapping of environmental Administrative Competences as regard to the environmental laws launched by the constitution of Brazil in the section 23 which delegated all Federal entities, in a common way, the duty to protect the environment for present and future generations. The specific case of Fernando de Noronha Archipelago was elected to be thoroughly described and analyzed from the perspective of the environmental Administrative Competence, because it is an island territory that holds a mosaic of protected areas of nature, administered by different agencies and governmental spheres, aggravated by a land uncertainty which impacts considerably in the administration of the island. The historical aspects of the prison that has become the most desired tourist destination in the Country are essential to the understanding of the persistent conflict of the environmental administrative competence, originated mainly from the land issue and the constant struggle for power over the archipelago. For the preparation of this study, as well as the collecting of historical documents, statistical data and case studies, the main legal instruments used in decision-making by the Government in Fernando de Noronha were examined, in particular with regard to environmental management, namely, the Conduct Adjustment Term (TAC) and the Management Plan of the Environmental Protection Area, leading to the conclusion that both require urgent reviewing, as the rules do not reproduce effectively the current scenario management and occupation of the archipelago. It is also suggested that some of these changes can be made under the Supplementary Law: 140/2011, which after a long time of incubation has developed standards of cooperation among Federal, State, Federal District and Municipalities.