LOCAL POWER AND GLOBALIZATION: SOCIAL EMPOWERMENT AND THE PROTECTION OF NATURAL HERITAGE IN BRAZILIAN FEDERALISM

The Federal Constitution of 1988 of the Federative Republic of Brazil, in its provisions, provided the municipalities with autonomy to conduct local socioeconomic development and land use planning, aiming at the healthy quality of life of the population and sustainable development of the place. This article draws some lines on the importance of the use of municipal laws as tools of local environmental protection. Based on the research line Globalization, Environmental Law, Public Policies and ______________________________________________________________________ Socioeconomic Development, the objective is to discuss and enable a relationship between the legitimacy of local power and popular participation when using environmental impact mitigation tools to prior planning within the Municipalities and the effective environmental preservation through the use of the current environmental legislation. Thus, through the analysis of land use and occupation of an intentional area of the Municipality of Montenegro - Rio Grande do Sul, it was confirmed the premise that in the region, because it has a wide standardization with the scope of protecting the areas of environmental restriction and previous studies on land use and management that allowed for public participation in decision-making processes, the municipality controls significantly the advances of urban expansion on the areas of environmental restriction, verifying that through participatory democracy it is possible for the local power to decide on the matters to their local peculiarities, which generates the empowerment of the common citizen and fosters the feeling of belonging and protection to the place that is inserted.

Socioeconomic Development, the objective is to discuss and enable a relationship between the legitimacy of local power and popular participation when using environmental impact mitigation tools to prior planning within the Municipalities and the effective environmental preservation through the use of the current environmental legislation. Thus, through the analysis of land use and occupation of an intentional area of the Municipality of Montenegro -Rio Grande do Sul, it was confirmed the premise that in the region, because it has a wide standardization with the scope of protecting the areas of environmental restriction and previous studies on land use and management that allowed for public participation in decision-making processes, the municipality controls significantly the advances of urban expansion on the areas of environmental restriction, verifying that through participatory democracy it is possible for the local power to decide on the matters to their local peculiarities, which generates the empowerment of the common citizen and fosters the feeling of belonging and protection to the place that is inserted.

INTRODUCTION
Human occupation within cities is a natural process that spreads with the very conception of human evolution. The frailty of men, the duty to protect the family and provide support for all those who depended on them, made the occupation of natural spaces an interventionist model due to the anthropological needs of man, in order to meet the premises of coexistence and human safety.
Therefore, the territories that nowadays concern cities have as their essence "the common vision of a better and more meaningful life, while at the same time being aesthetically attractive" 4 .
In Brazil, a decentralized state model is adopted, divided in regions, to which, through processes articulated by the central power, have become a federation, where the federative pact is the result of a univocal decision not being effectively constructed by its territorial bases. The federative organization foreseen and guaranteed in the constitutions of the respective States can be understood as the political system in which territorial and political groupings come together to originate a larger organization. In the federal model, the member states that are part of the Union keep their political, administrative and financial autonomy, failing to exercise certain prerogatives in favor of a new political figure supra sized in relation to the local units, highlighting, in this system, the sovereignty as the most relevant of prerogatives 5 .
In this sense, in a federalist base state, the states that integrate it maintain considerable political, administrative and financial autonomy, disentangling itself from its sovereignty. The Federal Constitution of 1988 is responsible for ensuring local autonomy as well as organizing the political cooperation form of the power division.
The essence of the federative principle lies in the separation of jurisdictions and distribution of tax revenues, which is in line with the autonomy of states and municipalities. This characteristic impacts the autonomy of the Entities closest to the citizen, that is, the Municipalities. The autonomy granted to the municipal entity contributes to its fundamental role as local-author, while it is implemented in cities and in Brazilian urban properties, representing a true instrument of construction of law to sustainable cities. Its commands refer to an intergenerational equity, with the purpose of guaranteeing urban land, housing, environmental sanitation, urban infrastructure, transportation and public services, as well as work and leisure for all who inhabit Brazilian Municipalities 8 .
The municipal autonomy provided by the Brazilian federal state model is based on the principle of decentralization and subsidiarity, the latter implicit in the Brazilian constitutional order. This autonomy surpasses those foreseen in the Brazilian constitutional order and is obtained through the promulgation of the Federal Constitution of 1988, being the same form of an autonomy corresponding to the means of structuring in articulated form with the local society its own public policies, which is perfectly in line with the premises of the Magna Carta.
Through the principle of subsidiarity, it is possible to articulate a local power that allows the concretion of an institutional space of competences of a new and qualified relationship between state institutions and society. Within municipal bodies, subsidiarity, as part of the model of national federalism, presupposes that any decision that can be taken by the closest authorities -whether institutional or not -must take place in this way and must be delegated only in cases of greater efficiency or reasons of economic order -which for the most part occurs, especially from a socioenvironmental perspective.
Regarding local sustainability, despite the premise that the environment is considered to be a worldwide community and with no territorial limits, the scope of all illegal practices has no borders, which requires a diffuse cooperation regarding the control of natural exhaustion. Environmental protection must begin within neighborhoods, communities, municipalities and gradually be extended to a planetary dimension. Local measures must always be in line with environmental principles and global parameters, considering the existence of a conception of citizenship in a global dimension and recognizing the importance of Environmental Education in the most diverse levels of knowledge, focusing on forming active and conscious citizens within their communities.
Today, citizenship presents another dimension. The question of its exercise transcends internationalization and invades globalization. This is due to the fact that production has destructive effects throughout the planet, no longer circumscribing the geopolitical parameters of internationalism, but advancing to the question of the very survival of the planet and the human species. This leads to the human being's need to conceptualize itself differently. No longer a citizen who dominates nature to create his world, but a being of nature who creates his world by living together with it. This planetary citizen has in the environmental question one of the most serious political and human problems of contemporaneity. The human being has reached the point of being able to destroy itself as a species 9 .
The interaction between civil society and the defense of the environment is more intense and evident within the Municipalities, which better represents the physical and cultural characteristics of each territory. In order to do so, the Municipal Planning with the use of norms of urbanistic law as a means of control the environmental degradation in the local spaces is an indispensable measure of socio-environmental management, territories where active citizens are inserted and exercising their social representativity more immediately within the communities.
The importance of the use of protective measures at the municipal level is evident in the fact that the management of the existing instruments must be consistent with the factual, cultural and social reality, which legitimizes the impact on their legal system, otherwise they will become innocuous. In this sense that the adoption of Municipal Public Policies becomes paramount, they are endowed with effectiveness because they are close to the local realities of each community, which shows the deficiencies and potential of each municipality to be solved primarily 10 . In the materialization of actions of local interest, the importance of Environmental Management and Municipal Public Policies is evidenced, which have the function of seeking the internalization of externalities through legal norms and strategic planning. In this sense, the Master Plan is the instrument that guides the bases of action of the Public Power, since it seeks to organize the activities developed in society, maximizing their benefits and avoiding that they interfere with each other through an efficient Municipal Public Administration.
As a way of ensuring a sustainable environment that does not compromise the economic and social development of Municipalities, Environmental Management and the use of Public Policies are presented as a planning tool for these territories as well as a determinant tool for the development of a certain artificial/natural space, they do not nullify the possibility of urban and industrial expansion of the Municipalities, and only neutralize their effects. The Municipalities depend on the protection of the natural patrimony aiming to guarantee the sustainability and the environment of the sustainability by the use of its own space, to which Jeferson Dytz Marin and Carlos Alberto Lunelli understand is due to the principle of the unavailability of the environmental good that the principle of obligatory state intervention in the defense of the environment, as provided for in section 225 of the Federal Constitution, has been established, which establishes that the environment must be protected by the State acting jointly by federated entities 11 in order to guarantee a healthy quality of life.
The right to an ecologically balanced environment, given its importance and unavailability, is confirmed in the Carta Magna of 1988, section 225, from the opening clause of art. 5º, § 2º, remaining elevated to the status of fundamental right of the individual and of the collectivity 12 . Likewise, urban law contains the status of a fundamental right, since it is closely linked to the well-being of citizens, fulfilling the objective of a reorganization of urban space, constituting the right to a sustainable city one of the general guidelines set forth in subsection I of section 2 of the City Statute, which aims at the full development of the social functions of the city and urban property, and is conceptualized as "the right to urban land, housing, environmental sanitation, urban infrastructure, transportation and public services, work and leisure, for present and future generations " 13 .
By using the Public Power and Municipal Management of the norms of urban law to correct problems of distortions of growth, urban expansion becomes a technical and safe procedure, hence the normative provisions establish legally the parameters and guidelines to be followed in order to organize the urban spaces, mitigating the negative effects of the present actions aiming at achieving sustainable intergenerational development. The correction of these practices must begin in the cities themselves, through urban planning of social inclusion 14 . According to Rech, "the urban norm does not impose a simple present behavior that restricts the standard itself, but which ensures the future. It is a branch of law that is in permanent construction and is based on all other sciences [...]" 15 .
Each Municipal reality rises different plans of action to be taken to remedy the inequalities and problems that exist in it, very peculiar and cultural. Therefore, it is at this point that acting worldwide is not efficient enough if local reality is not considered with its most characteristic requirements, although the current character of globalization is recognized. According to the considerations of Costa and Kings, it can be pointed out: The local space presents itself as ideal, since the proximity of the citizens with the decision centers is greater. citizens, because it is in the local space that he lives, works, has fun, lives with others, in short, it is where he experiences his rights and his duties as a citizen 16 .
The principle of subsidiarity, based on the logic of a primary action, should be carried out in the smaller communities, starting from the individuals to only from a subsidiary perspective invoke the performance of the state public power, which generates elements of empowerment and sovereignty of the individual. dialogue and decisions of the citizens encourage their political participation and the establishment of pluralist dialogues 17 .
Such an appreciation of local citizenship strengthens the role of smaller communities and citizens and ensures a delimited locus for state action, since it only works if the community cannot, by its own measures, deliberate and decide on public affairs -which complies with the principles of public interest, encourages the involvement of citizens at different levels and reinforces the idea of participatory democracy.
In this process, there is a recognition of values and clarification of concepts, aiming the development of skills and modifying the attitudes of the population towards the environment, to understand and appreciate the interrelationships between human beings, their cultures, their biophysical means and the cities. Therefore, the Environmental Education to be instituted through Public Policies by the Public Power is essential. There is no way the State can take responsibility for the defense of the environment if the national community is not aware of the unavailability of environmental patrimony. Thus, it is of the utmost importance that it is applied at all levels of learning so that the entire population is aware that the natural resources are exhaustible, and the lack of urban and social planning generates their scarcity and impedes the quality of life of the residents, unbalancing the natural cycles of which man belongs. This education, consequently, should be directed towards the construction of an active citizenship by awakening in the citizens their sense of belonging and co-responsibility which, through collective and organized action, seeks to understand and overcome the structural and conjunctural causes of environmental problems within urban spaces 18 .  The general urban policy guidelines established in the City Statute as general norms of urban law are in particular for Municipalities, the norms that guide and imply the application of the urban policy instruments regulated in the law. The practice of urban planning rather than establishing models for the functioning of municipalities has a function of correcting the imbalances of the orders caused by urbanization, being an important instrument of social transformation, using accurate data and information with local diagnoses.
Municipalities and cities represent the places where informally pointing out there are jobs, goods, the municipal government headquarters, public squares and other public services (schools, hospitals, notary offices), cultural options, restaurants and major spaces of leisure 21 . As stated by Prestes, the right to the city is a concept under construction, whose constitutional dimension stems from the right to urban policy 23 to the right to democratic management and housing 24 ". These guarantees derive from the fundamental rights, being the city the space for this realization and experience 25 .

FEDERALISM.
The importance of objective and precise planning regarding the territories within the Municipalities has already been highlighted. The legal provisions pertinent to the Municipal planning privilege the federative pact in defining the competences of the Union, the States and the Municipalities in the normative and executive field of Urban Public Policies, as well as in determining the fundamental principles that consolidate the urban policy with the purpose of assuring the right to the city 26 .
The Ministry of the Environment provides that the planning of the Municipalities is a constitutionally assured guarantee of municipal management, to be achieved through the application of environmental planning instruments, tools which, according to all of the above, are related to the quality of life of the population and of the environment that are included in the urbanization process.
The Master Plan is the main instrument of urban policy planning instituted by the Federal Constitution and enumerated in the Statute of the cities in its sections 39 to 42. Its relevance rests mainly on the fact that it has a more systematized and efficient mechanism than the other instruments of urban policy (installment, compulsory building, progressive property tax (IPTU), expropriation, among others), as well as being subject to numerous validity requirements and guiding directives 27 , enabling and requiring the participation of all the population and specialists of the most diverse subjects in its process of implementation and elaboration of plans and urbanistic projects. The Master Plan still stands out because it allows to organize the growth, the operation and the planning of the territories, always with the observance of the environmental protection in all their acts. 23  In this scenario, this legislative instrument allows the citizen to act actively in the environmental, social and cultural protection of the Municipalities, considering that historically the master plans have always been treated by technicians and specialists. This participation of the population is not restricted to the process of elaboration of the Master Plan Law, but it covers the entire implementation process, for example, in the use of urban policy tools such as: neighborhood impact study, environmental impact study, budget planning, among others.
According to Janaína Rigo Santin and Ricardo Quinto Mattia apud Edésio Fernandes: The Federal Constitution granted the Municipality jurisdiction to act in the control of urbanization, and the Statute of the Cities regulated the constitutional instruments foreseen for this intervention as well as created a broader range of instruments. Such instruments can and should be used by the Municipalities so that the processes of use, development and occupation of urban land are satisfactory and so that the Brazilian cities can offer better living conditions for the population, offering land regularization to the illegal cities and inhibiting the use of property for speculative purposes, which causes social exclusion and poor spatial ordering 28 .
Thus, the Statute of Cities validated the Master Plan as a determinant instrument aimed at the quality of life of citizens, by pointing it as a tool to be used for the construction of a new model of Municipality. The Master Plan, approved by municipal law, "is the basic municipal law for the policy of development and urban expansion" 29 . Therefore, it approximates urban guidelines to local realities, which should be periodically reviewed with the scope of guaranteeing their effectiveness in municipal management, taking into account cultural needs and mutations over time.
Due to these considerations, it began to be absorbed and considered the main instrument of Its legal nature is an instrument of Municipal Planning and its implementation is mandatory in Brazilian Municipalities that contain more than twenty thousand inhabitants, members of metropolitan regions and urban agglomerations, before those, which the Municipal Government intends to use the instruments of installment or building compulsory property tax on urban land and property taxes progressive in time or expropriation with payment through debt securities, members of areas of special tourist interest, as well as in areas listed as influencing ventures or activities with significant environmental impact at the regional or national levels .
In this sense, for the implementation of the Master Plan in a given municipality there are a set of criteria based on several factors to be observed, in which the public manager is not the sole responsible for its observation as well as civil society, which must actively participate in the acts of Municipal Planning, making this tool extremely effective in the socio-environmental evolution of citizens and the environment.
The current vision of the Master Plan differs greatly from its earlier conception. From a mere administrative document aimed at solving all local problems, disregarding daily social practices, the Master Plan assumes the function of interfering in the local development process, based on the integrative understanding of political, economic and financial factors, cultural, environmental, institutional, social and territorial that condition the situation found in the Municipality 31 .
In the planning process, natural resources are considered, even if it is a different instrument from environmental zoning. In the implementation phase, a diagnosis is initially extracted, on which in this act, a vast survey of all the data, information and statistics that make the visualization of the territory safe and accurate, according to the local reality, is carried out. For such, a study is carried out by a multidisciplinary team, taking into account the contributions that each science of knowledge can give to the process. According to Motta, these data refer not only to population data, but also those specific to the physical, biotic, ecosystem, anthropic, and other environments 32 . That is, all the local aspects of the territory.
The guidelines of the Plan must always be formulated in order to ensure the right conditions of life for the inhabitants and, for this to be achieved, it should aim at the protection of natural resources. In its execution, from the survey of the existing conditions to the formulation of the guidelines and elaboration of the basic legislation, the Plan should aim at the conservation of the urban environment, thus understood the use of available resources without compromising the quality of the same, ensuring their use by current and future generations 33 .
In order to ensure the effectiveness of the use of such surveys, section 40 of the Statute of Cities lay out the need for the formulation process of the Master Plan and for monitoring its implementation to be feasible with social participation, making use of, in the most varied stages of the process, public hearings and debates with citizen participation.
Therefore, in Brazilian federalism, all techniques designed to make a diagnosis and prognosis of reality, as well as defining basic principles and guidelines, should be translated into rules of law, in the Master Plan, since nothing happens in the public administration that is not foreseen in law. The law is the main instrument of public management planning, and as such should be addressed. The Master Plan meets all these expectations, as provided by law and in the right measure to comply with the norms and general guidelines of urban planning 34 .
Such a Plan is a fundamental procedure of urban planning and healthy expansion of the Municipalities, since it makes possible the organization of urban growth, in the same sense, environmental Zoning plays an indispensable role insofar as it is the legal instrument of land use and occupation , to which it consists in the distribution of the municipal territory aiming at the destination of the land and its use. It stipulates the qualification of the soil in terms of urban planning, urban expansion, urban development and rural development, and also divides the territory of the Municipality into zones of use, regarding its purpose and areas of use 35 .
In the distribution of the city and of the urbanizable areas according to its main destination of use and occupation of the ground, observing that it usually establishes the residential, commercial, industrial and institutional areas; delimits the places of specific use; construction and permissible uses; orders circulation, transit and traffic in the urban perimeter, it disciplines collective or individual activities that in any way affect city life 36 .

Ioberto Tatsch Banunas points out that Celso Antônio Pacheco Fiorillo and Marcelo Abelha
Rodrigues understand by zoning "a non-jurisdictional measure, derived from police power, with two main foundations: municipal urban land allocation and the designation of its use 37 . As Paulo de Bessa The environmental zoning, for José Afonso da Silva, is considered as one of the main instruments of municipal urban planning, configuring a Special Urban Plan, constituting "an urbanistic procedure, whose objective is to regulate the use of property, soil and of buildings in homogeneous areas in the interest of the well-being of the population " 39 . Conceived as an integrated planning tool, it clearly represents a possible solution for the rational use of resources, ensuring the maintenance of biodiversity, natural processes and ecosystem services. Through this territorial planning, it is possible to contain the advance of agricultural frontiers, intense processes of urbanization and industrialization, control of environmental degradation, based on technical criteria through previous studies.
The figure of environmental zoning extends the concept, because it will no longer be only an urban zoning, as an instrument that advocates a more harmonious structure for cities, given that it is not limited to their environment, but it does not change their essence or their nature. The emphasis is on the protection of areas of significant environmental interest, but still remains zoning of land use and occupation, always in the interest and well-being and the achievement of the quality of life of the population 40 .
Although the Federal Constitution does not contain a proper concept of zoning, it can be searched through Act 6.939/1981, section 9, item II, which defines environmental zoning as "an instrument of national environmental policy. ", As well as through section 225 of the Federal Constitution, which has standards whose content is to indicate the adoption of certain environmental zoning standards, as in paragraph III of § 1º and § 4º of the same section as examples of zoning.
This tool is closely linked to the idea of urbanism, since it was with the conception of defining urban spaces for certain purposes 41 , focused on planning modern industrial cities, that this instrument was opened as a means of guaranteeing the need for spatial organization 42 . The planning of the Municipalities in specific zones generates a harmonization in the regional growth aiming to guarantee In this process, legal criteria and regulations are established so that certain shares of land, water courses, or even certain areas may or may not be used considering their unavailability, according to criteria pre-established by previous studies.
It is an instrument to rationalize the occupation of the territory, subsidizing the elaboration and regional plans directed to the sustainable development and to provide a technical base for the definition of the territorial ordering. It is the sectorization of the studied area in homogeneous spaces or problematic zones in relation to the potential of ecological offers, limitations and environmental and socioeconomic problems 43 .
The pre-established criteria, once signed, are binding and mandatory, both for individuals and for the Public Administration, representing an administrative limitation on the right to property and on the land 44 . These limitations are highly important in the control of urban growth, environmental degradation, and socio-environmental development, which imposes limits on the entrepreneur and the ungoverned urban expansion.
The zoning can be understood as an urbanistic procedure destined to fix the appropriate uses for several areas of the municipal soil. Or: intended to fix the various areas for the exercise of elementary urban functions. [...] therefore, it constitutes an urban planning procedure whose purpose is to regulate the use of land and buildings in homogeneous areas, in the interests of the well-being of the population 45 .
It is in the Municipal Director Plans that there are provisions on the planning of Municipalities and on the creation of zones with different uses, zones with different forms of occupation and zones of total protection and restriction of use, in the environmental aspect, through data obtained by an Environmental Zoning.
It is noted from the analysis of these instruments that in fact are the basic human needs of the human beings, whoever they are: food, housing, transportation, education, leisure and basic sanitation, that determine the structure of the municipalities and the quality of the biotic environment in which they live. Territory is not only the result of the superposition of a set of natural systems and a set of systems of things created by man. When one speaks of territory one must, therefore, immediately understand that one is talking about used territory, used by a given population, with its most peculiar and intimate characteristics. 47 . The territory is the ground and the population, that is, an identity, the fact, the culture and the citizens' feeling of belonging to what belongs to them. Territory is the basis of work, of residence, of material and spiritual exchanges, and of life over which it influences.
In this context, the municipality, which has autonomy and responsibility for the management of local affairs, is responsible, together with the municipal managers, to draw up action plans to combat irregular expansion and environmental degradation. Furthermore, it is its responsibility to carry out the urban development policy, enforcing the legislation and directives that order the full development of the social functions of the city, guaranteeing the well-being of its inhabitants, having as its north the sustainable development and conservation of all the natural and cultural riches of each place.

MUNICIPALITY/RS -COMPLEMENTARY ACT 5.883/14
In view of all the considerations mentioned before, the protection of the areas of social interest

MUNICIPALITY OF MONTENEGRO/RIO GRANDE DO SUL
Geotechnology allows us to analyze areas of different dimensions and for different purposes. The activities developed in this work refer to the aerial survey, by means of Unmanned Aerial Vehicle (UAV), near the urban perimeter of the municipality of Montenegro -RS. The overflown area corresponding to the Caí river banks, with the purpose of identifying the permanent preservation areas (APPs) conditions. Figure 1 shows the study area. The activities were carried out on October 31, 2017. On that date the team of the Institute of Environmental Sanitation went to the city to execute three scheduled flights for the study area. The division into three flights for the worked area is justified by the increase of safety related to the autonomy of the flight equipment used, that is, the fixed wing UAV Maptor, Horus Aircrafts brand (Figure 2) 48 .
In the results obtained in the survey of the study area, we obtained images and flight records regarding the study area. Through continuous work, the georeferenced images were generated, which later were processed in the software Pix4d to create a mosaic that covers the entire study area. With such methods used, the results obtained were as follows: Numerically, there are 38,30 hectares (383,039,45m²) of permanent preservation areas on the Caí river bank corresponding to the municipality of Montenegro and inserted in the studied section. The visual analysis of the results presents for sections 1 to 7 almost total absence of areas of anthropic use within the areas of permanent preservation. In section 2 it is possible to identify a small stretch of road and a building present in the PPAs, totaling about 535m², which corresponds to 0.14% of the permanent preservation areas studied. In addition, in section 4, in the vicinity of the bridge there is an infrastructure work, which occupies 72m². Section 9 has in its entirety only one building in the middle of natural cover, occupying 167m². Advancing to the next section (10), the number of anthropic interventions found increases in relation to previous sections, there are 940m² (0.25% of the PPAs studied) of buildings. A similar situation occurs in section 11, where there are 474m² (0.12% of PPAs studied) of anthropic occupation. The section named as 12 presents the greatest anthropic occupation in permanent preservation areas. Among roads, other infrastructure works, and buildings are 33.186m² (8.7% of PPAs studied) of anthropic occupation in PPAs.
In general, we highlight the presence of native forest in the permanent preservation areas, native vegetation in the region, common in areas adjacent to water courses, due to the high humidity that promotes the development of this type of vegetation. This, in turn, can also be called gallery forest, or ciliary forest, which constitutes a protective filter for the watercourses. On this, the municipality of Montenegro presents in the studied section, a high conservation of the areas of permanent preservation. In addition, areas that do not comply with the legislation in relation to PPAs do not exceed 10% of the total area of study. There are 3.54 hectares between residences and infrastructure works found in the PPAs. This corresponds to 9.25% of the total area of areas classified as permanent preservation areas. 50 .
According to the data obtained, it is known that, in general, the native forest and vegetation originating in the region so important for the local balance, mainly because it corresponds to typical vegetation of watercourses with high humidity and rich in biological diversity characteristic of these locations is highly conserved.
The results indicate that the anthropic occupation of these sites is 9.25% of the total area classified as permanent preservation areas, which for a municipality with an intense population density and real estate growth, corresponds to a highly controlled index of human interference on preservation areas. It should be noted that 8.7% of the permanent preservation areas with anthropic occupation are not located in the zone of environmental restriction but are located in the special zone of protection of the banks of the Caí river and in the port pier special protection zone.
This indicates that from the 9.25% of Permanent Preservation Areas with anthropogenic influence, 8.5% are in section 12 which corresponds to a special zone of protection of the Caí river banks and in the port pier special protection zone. These two zones were inserted in the sample area because they have Permanent Preservation Areas of river banks, but they are not specifically subject to the same environmental restrictions of the environmental restriction zone. Therefore, although the municipality does not impose the same restrictions on these areas, these are special ecosystems with their own vegetation and, thus, are under legal guardianship and correspond to fragile and important territories for the maintenance of regional quality of life.
According to section 11 of the 5,883 supplementary Act 2014, which provides for the share of land in Montenegro, "it is established as anenvironmental restriction area-ERA corresponding to the areas necessary for the preservation of natural resources and for safeguarding the local and regional ecological balance ". The areas of permanent preservation of these areas should be legally protected, whereby, for these sites, the following objectives are established: preserving soil permeability, protecting and expanding the vegetation cover, discouraging soil occupation in order to guarantee the watersheds and minimizing flood damage, encourage the development of environmental leisure areas, support the development of programs aimed at environmental education, protection and restoration of natural environmental structures, stimulate the creation of private reserves of natural heritage and ensure the integrity of green areas, through their registration, precise delimitation and monitoring 51 .
What has remained evident with the results obtained with the present case study is that in the Municipality of Montenegro/RS the environmental legislation is generally observed, even when dealing with occupation along the waterways, that due to the ease of access to installation and housing, less need for engineering work, easier sewage disposal and waste disposal directly in the watercourse is where irregular occupations tend to occur due to informal urban expansions. Thus, environmental degradation at these sites is often related to unplanned changes in the use of these lands over and above the capacity of the soil to re-establish itself, which, because they are permanent preservation areas, have a more sensitive ecosystem.
Therefore  In municipalities where urban expansion occurs in these areas, the lack of access to a significant portion of the population, which does not find means or education for the purposes that are intended by law, is not considered in the preparation of plans. This part of the population is not introduced formally or informally in the areas destined to the urban expansion, inhabiting zones of risk and environmental preservation zones in the Municipalities by acquiescence and lack of inspection of the Public Power.

MUNICIPALITY OF MONTENEGRO / RIO GRANDE DO SUL
Thus, it is considered the effectiveness that the use of mitigation instruments of environmental impact has in the Municipality, the application of Public Policies in the local spaces for preservation, Environmental Education as a tool to protect the environment and especially the inclusion of the exercise of citizenship in public management decision-making means. It is noted that laws, especially environmental regulations, to be constitutional, are not enough to have been formally examined. They should be effective and materially in line with the higher basic values of the liberal and democratic fundamental order 55 , as well as with the value order of the Constitution, preserving correspondence with the elementary principles not written in the major letter, with the reality and possibility of its execution, presenting itself as an axiom of juridical stability and compliance with the principle of the social state 56 (BONAVIDES 1997, 32). The balanced environment, indispensable to human development, is predisposed fundamentally by observing the interaction of man with nature and its ecosystems, considering that it is composed and, in this sense, with laws and Public Policies that have as specific and real purpose the protection and conservation of environmental protection areas.
It is in this context that the Municipal Public Administration must be active and count on the civil society in order to organize strategies of adequate growth of the Municipality. Local decisions must be taken together, so that the population does not present itself as a legal or executive imposition, but rather a consensus that comes to the conclusion that certain measures to be imposed 55  In the case under study, it is evident that the protection of the environment in the municipal normative instruments of the Municipality of Montenegro, especially of the permanent preservation areas in the banks of the Caí river, it is mainly considered in the proposals of development and local planning, demonstrating the effectiveness of the instruments of protection.

CONCLUSION
As it can be observed, the present essay sought to verify, from a specific case study, the limits and potentials of an effective local social empowerment capable of being reflected in cooperative actions between society and state -in casu, Municipality -in the field of environmental Protection. This is an effective corollary of the right to the city, given that local sustainability, supported by an active 57 12.651 Act 2012, section 4, paragraph 9.
citizenship and committed to environmental protection, is the maximum expression of the city as a living space based in an effective way on the dignity of the human person.
To do so, the analysis spectrum of this chapter has in fact focused on the reflexes of local normative production, considering that the law to be just, needs to be effective and legitimate first and foremost, adjusting to realities close to citizens. This perspective is maximized because the practical profile of the last decades shows that in the processes of urban planning -when they existthe Municipal Public Power is not linked to local aspects, which renders ineffective the application of municipal laws.
Therefore, the existence of legislative competence at the local level, especially in matters related to the specificities of urban planning and environmental protection, is not enough if such rules do not reflect a legislative process that is in fact committed to the cited requirements of legitimacy of the norm. This is because the process of constructing public decisions -be them administrative or legislative -must be in line with a broad process of interaction with local actors in society.
And it is this efficacy and legitimacy are questioned in the scope of this case study, from the It is worth mentioning that the use of Public Policies in local spaces and, in particular, the implementation of formal and non-formal Environmental Education at all levels of education are a means of including civil society in local decisions and make citizens members active in controlling and supervising the preservation of the environmental restriction zones within the Municipalities, these measures representing strategic forms of socio-environmental control. It is these strategies that confer legitimacy either in the formation process or in the follow-up of the effective process of local law enforcement, which in turn manifests the real sense of the general principles guided by the Constitutional Charter.
Environmental Education, therefore, should be directed towards active citizenship by showing the sense of belonging and co-responsibility of these with nature, which through collective and organized action seeks to understand and overcome the structural and conjunctural causes of environmental problems within urban spaces. The epistemological strategies of environmental complexity, the ethics of a dialogue of knowledge and the pedagogy of an Environmental Education are thus fundamental principles of this strategy of sustainable development and the construction of an environmental rationality.
The Municipality, in turn, represents the locus where the jobs, the goods, the municipal government headquarters, the public squares, the cultural options, the restaurants and the main places of leisure and other public services (schools, hospitals, registry offices). Thus, the right to a sustainable territory is a concept under construction, whose constitutional dimension stems from the Democratic Socio-environmental State of Law, from the provisions of sections 182 and 183, in addition to that contained in section 6 -right to democratic management and housing -all from the Brazilian Federal Constitution. These are guaranteed benefits by the fundamental rights contained in the Magna Carta -which completes its 30 years in Brazil, being the Municipality the ideal space for its realization, primarily.
The population, which is already mostly installed in the Municipalities, should increasingly have access to a decent life through the implementation of Public Policies in local spaces, in a balanced environment, to be ensured through the Master Plan by the implementation of urban planning. This is to ensure decent living conditions for all citizens, seeking a sustainable development from these geological spaces. With the use of such tools, the aim is to democratize the priority choices of each part of civil society, as well as the democratic participation of the entire population in the process of sustainable management within the Municipal urban environment.
In the process of sustainable development with a view to minimizing socioeconomic impacts in different regions with characteristics peculiar to each of them, the use of environmental zoning becomes essential to mitigate such advances in areas of special interest to the population. The implementation of environmental zoning is not a discretionary exercise of the Public Power motivated by the convenience and opportunity in its establishment. It is a power linked to environmental protection it is a duty of civil society and the Public Power.
In this perspective of sustainable development in compliance with the precepts of environmental zoning, it is not a question of opposing economic and urban development. On the contrary, it aims at the support of the cultural and ecosystemic organization, in which an ecologically sustainable, economically sustainable and, socially equitable and fair process of development is rooted. The Brazilian Legal System in force has at its most diverse levels of action several instruments that impose on the Government measures that aim at Integrated Environmental Management with the scope of protecting the national natural heritage. Specific measures are delegated to municipalities as the entity that is closest to the local reality and elaborated with the scope of primarily ensuring regional and proper sustainable development to mitigate environmental impacts on areas of municipal environmental interest before even considering possibilities of economic growth of the local entity.
Like the present case study, good practices of environmental protection and recognition of the role of citizens should be shared, while it is well known that local action is a measure of confirmation of the meaning of citizens' belonging to their space. This is the maximum expression of the principle of subsidiarity, which in Brazil is an implicit rule, resulting from criteria of decentralization and democracy.
Therefore, the clear analysis of the effects of local rules is emphasized -what was sought in this study, including concrete verification of its effects. This is because it is in the local sphere that the instruments of social control are strengthened to restrain the harmful effects of a refractory globalization -often -of the guarantees provided in the constitutions, those of limitation to the national space.
The feeling of belonging to the place is one of the basic factors that generate the protection of the environment and the urban environment in which the population is inserted. The more the person feels belonging to the place, the more he preserves and maintains the public patrimony, whether natural or not, which highlights the importance of popular participation in decisions and municipal choices. The social functions of the city and property will only be achieved if they are consistent with the other objectives and premises of Brazilian federalism, as well as the feeling of love, zeal and care with what belongs to them.