The “municipalization” of Permanent Preservation Area boundaries along watercourses in urban areas

undue relaxation of environmental protection?

Abstract

Federal Law No. 14,285/2021 transferred to municipalities and the Federal District the authority to define permanent preservation strips along watercourses located in consolidated urban areas. The core issue concerns whether it is permissible to delegate to municipalities—empowered to legislate on local matters competences that belong to the Union to set general rules for environmental protection. This paper aims to discuss the question raised in a direct action of unconstitutionality, which alleges an undue relaxation of environmental protection standards. The research method is documentary and bibliographical. The lawsuit challenges whether the federal legislature may enact a statute that enables municipal regulations to conflict with federal general norms, especially when environmental protective rules are at stake. Even if the unconstitutionality claim is dismissed, it is concluded that an environmental impact assessment would be required before such measures can be adopted by local federative entities, in accordance with environmental protection principles incorporated into the legal order.