Aplicabilidade da Lei Paraibana 9.600/2011 - Lei do ICMS ecológico – como ação afirmativa de políticas públicas ambientais em áreas de preservação permanente e na gestão dos resíduos sólidos de comunidades rurais.

Abstract

The 1988 Constitution, the first Brazilian constitution to bring about an inherent topic in the environment, having an express chapter on the subject, the VI, which brings rights and guarantees related to the environment, as well as defining the obligations of the government regarding the maintenance and preservation of the environment. In the absence of greater incentives that were effectively fulfilled in the state of Paraíba in the socio-environmental context, in 2011, tacitly sanctioned by the State Legislative Assembly, the law 9,600 (ecological ICMS law) which, in short, allocates a portion of the resources of the state. ICMS to the municipalities of Paraíba that have an area of environmental preservation or even those that meet certain requirements in the destination of urban waste. The law provided for execution by the state executive power within 180 (one hundred and eighty) days to promote its compliance, however, after filing a Direct Unconstitutionality Action (ADIN) by the State Attorney General (PGE - PB), the Court of Justice Paraíba (TJ-PB) granted an injunction suspending the effects of the law and is therefore ineffective. Faced with the huge crisis that plagues the municipalities of Paraíba, the ecological ICMS law would help in the maintenance, creation and improvement of public policies focused on the environment and solid waste management, ensuring a social and environmental policy specifically focused on waste management in the larger rural communities. lacking such a social issue. Search the specific law of Paraíba State No. 9,600 / 2011 (Law of Ecological ICMS) the forms of instrument used to encourage the promotion of environmental public policies in exchange for better revenue collection, raising the points presented in ADIN Knowledge Thus, analyzing the conflicts that existed when the veto was presented with the readjustment so that the law became a constitution, proposing the necessary changes were the object of this study. Conducted through bibliographic and documentary research, notably with scholars and scholars on the subject, based on scientific articles that discuss the subject, and also the justification of the bill when its presentation to the legislative assembly of the state of Paraiba, as well as by express text of the veto presented by the head of the executive branch and by the disciplined matter in the direct action of unconstitutionality before the court of Paraíba, also ascertaining the preliminary decision and others that are within the judicial process and other laws existing in our legal system. homeland were the methods found to conclude the article. The Law must be sanctioned and applied, with modification of the equalization of the percentage values to guarantee its execution since the broad universe between the legislation and the environment, with guarantees to the development of public policies in areas that are, for the most part. , unmotivated to ensure soil preservation protection and better assure management in the use and disposal of solid waste, notably in needy rural communities is the major object of law and desire of the legislator, being of great value for the development of our region.