Decreto-Lei n.º 306/98, de 07 de Outubro de 1998
Decreto-Lei n.º 306/98 de 7 de Outubro O Decreto-Lei n.º 230/97, de 30 de Agosto, criou a Inspecção-Geral do Ambiente, centralizando a respectiva competência na garantia do cumprimento do direito ambiental.
No artigo 13.º do referido diploma especifica-se que incumbe à Inspecção 'proceder ao levantamento de autos sempre que se verifiquem infracções e instruir processo de contra-ordenação'.
As competências que foram atribuídas a este organismo situam-se, assim, ao nível do impulso processual, não se lhe atribuindo, em concreto, competências para aplicação de sanções.
A competência da Inspecção assim delineada vem sobrepor-se parcialmente à competência dos vários organismos na área do Ministério do Ambiente que tinham anteriormente competência para instruir processos de contra-ordenação, mas não afectando a competência dos mesmos para a decisão dos processos.
A dispersão de competências em matéria decisória dos processos instruídos pela Inspecção é negativa e impede uma decisão articulada e integrada dos mesmos, o que se afigura fundamental nesta nova fase de implementação da legislação ambiental.
A atribuição da presidência da comissão instaladora a um magistrado, decorrente do regime de instalação, viabiliza...
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