ABSTRACT
The main objective of this article is to verify if the municipalities have legislative competence to regulate autonomously how the Permanent Preservation Areas located in urban areas will be treated, especially those related to water bodies. A literature review was conducted on the subject. The judgments of the Federal Supreme Court that dealt with the municipal legislative competence in environmental matters and that were related to the theme presented were also sought. It was found that municipalities within their legislative competence can not establish less restrictive rules than those in the Forest Code regarding urban Permanent Preservation Areas, because it expressly regulated the matter. Even in the case of creating stricter rules, increasing the protection of the environment, as it is an intervention in the property they can only be done in a justified way, exceptionally, if there is a specific situation within the municipality that justifies a protection. more comprehensive. Although it is understood that this competence is mitigated, the protagonism of the municipalities in the management of these areas stands out.
Keywords:
Urban Permanent Preservation Area; legislative competence; local interest; environmental function; water resources