Licenciamento ambiental em postos de revenda de combustíveis à luz dos princípios constitucionais de defesas do meio ambiente: o caso do município de Natal/RN

摘要

This study approaches the question of the administrative procedure of the environmentallicensing of ranks of fuel resale, taking as basis a study case of the reality of the City ofNatal/RN (Brazil). For in such a way, it was done a retrospect on the evolution of thesystem of road transport in Brazil, having started to briefly analyze the urbanizationprocess that if after accented in the capitals of the Brazilian States the decade of 1950,relating these subjects with the growth of the sector of fuel resale. After that, it wastransferred boarding of the defense of the national environment to the light of ambientprinciples constitutional. In the sequence, a boarding on the ambient guardianship in theFederal Constitution of 1988 was made, treating basically specifies and on the nationalurban politics and the national politics of the environment, with its instruments. In thesequence, it was transferred the analysis of the abilities and attributions of the NationalAdvice of the Environment (CONAMA) and its Resolutions, for then only enter in themost important part of this work: an analysis of the environmental licensing of ranks offuel resale, in the reality of the City of Natal/RN. Before this specific boarding, it wasproceeded specifically a survey and communication from the applicable norms to suchestablishments (Resolutions of the CONAMA and norms of the ABNT), for after thatcarrying through an geo-ambient characterization of the City of Natal/RN. Finally, areflection was made on the possibility of magnifying of the state activity, in terms ofguarantees for the responsible members for the environmental policy and ofadministrative efficiency, through the idea of the ambient regulation. For theaccomplishment of this study, it was proceeded research in diverse sources such asbooks, magazines, sites of the Internet, periodicals, thesis and dissertations, amongothers material, beyond visits the agencies that direct or indirectly act with the ambientdefense and as fuel resale, such as Secretariat of Environment and Urbanism of the Cityof Natal (SEMURB), Institute of Economic Development and Environment of RN(IDEMA), Brazilian Institute of the Environment and the Natural resources You renewed,Executive Management of RN (IBAMA/RN), Public prosecutor's office of theEnvironment of Natal (Public prosecution service of the RN), National Agency of Oil(ANP) and Union of the Retailing of Derivatives of Oil of the RN, among others. To theend, satiated regulation is observed that although on the substance of the ambientlicensing in ranks of fuel resale, also with federal, state and municipal norms, themunicipal Public Power is very far from the fulfilment of its institutional functions, in thequestion environmental policy of these establishments, a time that few are the permittedranks of resale in the city of Natal/RN