Relações interfederativas para gestão dos recursos naturais e desenvolvimento territorial

Abstract

The present article analyzes the horizontality versus the verticality of interfederative relations in Brazil in the light of the Federal Constitution of the National Environmental Policy (PNMA), ascertaining if the theory and practice of these relations have territorial development as one of the main guiding objectives. To do this, we initially sought to search and analyze the main environmental legislation that govern cooperation between federal entities and the normative content of the respective articles that highlight this theme. After examining the legal structure, a methodological procedure was adopted for a bibliographic survey aimed at the problematic, and fi nally, a brief observation and interpretation was made of the relation of some States with their municipalities in what concerns the regulation and the use of the licensing as an instrument for spatial planning and development. The results show that, although environmental standards point to horizontally harmonious relations between Union, States, Federal District and Municipalities, the decision - making and practical verticality in the accomplishment of shared environmental management has prevailed. Thus, territorial development is still far from being a real scope in the scenario of the management of natural resources promoted by federative entities. However, in spite of the theoretical and practical incompatibilities, it is concluded that there has been considerable progress, particularly in the legal sphere, in terms of interfederative cooperation rules aimed at territorial development. However, it is imperative that there is a progressive alignment of this normative structure in order to unlock shared environmental management, as well as a physical and operational structure capable of making these laws possible.