O corpo de bombeiros militar do maranhão e a fiscalização de queimadas: uma análise da atuação sob a ótica da Lei de Organização Básica do CBMMA de 2015 a 2022

Abstract

This monography aims to analyze the exercise and legal competence of the Corpo de Bombeiros Militar do Maranhão regarding the exercise of environmental police power. The research aims to answer the following problem: the CBMMA is the main agency responsible for preventing and fighting forest fires in the state, actively participating in joint operations with environmental agencies, however it is necessary to know if during these activities, the Corpo de Bombeiros Militar do Maranhão performs some kind of supervision of forest fires and has competence to do so. The study presents as theoretical reference the view of some authors who study Environmental Law, especially Luís Paulo Sirvinskas (2020), that understands the environment as a fundamental right and fights for an ecological balance and for a reduction of the environmental crisis that now devastates the world, in addition to Manuals on Fighting Forest Fires, data from INPE and relevant legislation to Environmental Law. Regarding the applied methodology, the deductive method was adopted, with a qualitative approach and bibliographical research, using as research strategy the collection of data, the questionnaire applied to the military of the Batalhão de Bombeiros Ambiental and two interviews: one held with the current Commander and former Commander of the BBA; and another held with the Superintendent of Forest Resources and the Supervisor of Combat and Control of Deforestation and Forest Fires, both from SEMA. The time frame of this work will be from 2015 (year of creation of the Basic Organization Law) until 2022. The analysis is divided into four sections: initially, a historical apparatus of environmental law was performed, as well as comments on the principles and the main laws, National Environmental Policy, structure of the National Environmental System, environmental supervision as an expression of police power and the causes and quantitative of forest fires in the state of Maranhão; afterwards, the methodology used to achieve the proposed objectives was identified; then, the results obtained observed that the military firefighters, sometimes, participated in supervision of wildfires even without possessing legal competence; finally, as a proposal for the problem, guidelines were raised for the elaboration of a Term of Technical Cooperation between the CBMMA and SEMA.