A COMPETÊNCIA ADMINISTRATIVA DE FISCALIZAÇÃO E DE SANÇÃO DA POLÍCIA MILITAR AMBIENTAL DE SANTA CATARINA

Abstract

The Environmental Military Police of Santa Catarina, an environmental body that is part of the National Environment System (SISNAMA) and the State Environment System (SEMA), has relevant criminal and administrative competence to comply with the constitutional duty of environmental protection, in Article 225 of the Constitution of the Federative Republic of Brazil of 1988 and Article 107 of the Constitution of the State of Santa Catarina of 1989. The study, considering this, aimed to analyze the administrative administrative competence of the Environmental Military Police of Santa Catarina, developing by studying the supervisory competency, examining the licensing competency and researching the sanction competency. Therefore, the deductive method was applied to analyze the legislative parameters, which led to the clarification of the environmental administrative competence of the Environmental Military Police of Santa Catarina. In addition, data collection resulted from exploratory research of legislation and jurisprudence. In the end, the result showed that the Environmental Military Police of Santa Catarina has administrative competence for the development of inspection and sanction activities, but does not have the environmental administrative competence of licensing, which is the sole responsibility of the Environmental Institute. from Santa Catarina.