CONDUCT ADJUSTMENT TERM AS SUBSTITUTIVE MEANS OF ENVIRONMENTAL LICENSING

ANALYSIS OF THE CONSTITUCINALITY OF ART. 16, §9 OF STATE LAW 7.772/1980 BY THE COURT JUSTICE OF MINAS GERAIS

Abstract

This article proposes to analyze a decision of the Court of Justice of Minas Gerais (TJMG) in the event of Direct Action of Unconstitutionality (ADI) that declared non-compliance with the Federal Constitution of 1988 of a provision of legislation that allowed the environmental offender to resume suspended activities by signing a Conduct Adjustment Term (TAC) with state environmental agencies. To this end, the study analyzes the current panorama of Minas Gerais environmental protection network, conveys an overview of the legal institutes of environmental licensing and TAC, deepens in the state legislative process that originated the device before launching into the interpretation of the ADI judgment. A documental and bibliographic research was conducted to, by means of the deductive and comparative methods, understand the grounds of the TJMG regarding the matter.