As an example, Milaré says that some states only grant authorization to projects, not licensing. "Authorization is a precarious act that, as a rule, does not subject anyone to compensation, while licensing is a definitive act that provides guarantees", he explains. Thus, there are cases of companies that migrated to other states in which the state support was licensing. "It's a timid but real example of the fiscal war that has taken place." In the jurist's view, "as long as states can establish privileges for those who interfere in environmental issues in a non-top-down manner, fiscal war can always exist." Hundreds of Brazilian municipalities already have their own Environmental Codes. The same happens with several states. The Union, on the other hand, does not have national rules — exactly what could avoid tax wars in licensing. "The tax war exists as long as the Minas Gerais code is different from the codes of São Paulo, Bahia and Rio Grande do Sul", says Milaré.
For him, the issue will only be resolved when a national code establishes minimum requirements for all other entities. Based on this, anyone who wants to establish more restrictions — never flexibility — “should do so based on their specificities”. "I've been in environmental law for 27 years. Almost half of our firm's cases that go to court discuss environmental licensing, as we still don't know how to do it. After deca Special Phone Number Data des, we still don't know exactly which door to knock on, why lack of a code that establishes a minimum level of guarantees", says Milaré. He believes that Brazil has efficient legal diplomas, but it has an excess of laws, in all spheres, that need to be administered: "It is not possible for one state to say one thing and another to say another." Disclosure Supreme Court took decision on environmental licensing last month In other words, the tax war "can effectively be curtailed with more appropriate rules".
For the lawyer, it is not just about licensing, but about environmental management as a whole. Relationship with the ruling On the other hand, a school of thought believes that the STF's recent decision drives the fiscal war, due to the opening of a "loophole" due to the lack of specifications in the points where the court gave interpretations in accordance with the Constitution. LC 140/2011 stipulates a period of 120 days for the analysis of renewals of environmental licenses. The Supreme Court decided that, when this period is exceeded without a response from the licensing body, the additional jurisdiction of other federative entities is established. In other words, in cases of omission or unreasonable and disproportionate delay by the state, for example, the Union can take over the procedure.