However it is pertinent to observe that different contexts exist: The first one? when d' is the case of simple regularization of a PCH to the wire; water? where the said minimum must only be carried through, that is: The accomplishment contextualizao archaeological and etno-historical of the area of influence of the enterprise, by means of exhausting survey of secondary data and archaeological survey of field, not the accomplishment of a interventivo study; As – when beyond the regularization, the reactivation of the PCH must if be made, needing reforms, thus being necessary the visualization, beyond the cited minimum already, to foresee the areas indirectly affected: ways, bridges, seedbeds of workmanships, where interventivo study will have all to be carried through; Third? new enterprises that exactly not counting on a band of depletion, or a reservoir, will be intervined in the podolgica matrix, beyond the area indirectly affected, this will have yes to accept the procedures foreseen for Portaria 230/2002.E in ampler consideration, as and the third context above, must be considered that a transmission line also will have of being foreseen not alone in the total project, but pertinent of application of the study preventive. still for security reason all enterprise to be folloied by archaeology professional. Consideraes final: As the Federal Constitution of 1988: ' ' In the lesson of the doctrine specialist in administrative law, the decree is formal administrative act, of privative ability of the President of the Republic, being able to propagate, in its substance, individual acts or general acts. In the first case, dirige it determined citizens, producing effect concrete. As general act, it possesss innominate addressees, with clearly normative content. In this last hypothesis, it still fulfills to distinguish the superior executivo decree, whose function cinge to regulate it ' ' the fidiciary office execuo' ' of the laws, the independent decree, with proper, independent normative specter of lei' ' thus .6Sendo, we understand that only through decree, a legislation can be changed. Portaria 28/2003 must be taken care of in its integrates in compliance with other complementary legal ditames, and not to be the choice of being fulfilled or not.
It does not fit the State Ambient Agencies, or the regional supervisions of the IPHAN to decide if they accept the law or not, they must inside make the fulfilment of the requirements legais.RefernciasBASTOS, Rossano Lopes and Teixeira, Adriana. Norms and Management of the Archaeological Patrimony. Iphan. So Paulo, 2005.COSTA, Ricardo Martins. The presidential decree to the light of the Constitutional Emendation n 32. Jus Navigandi, Teresina, year 8, N. 63, 1 sea. 2003.
Available in: . Access in: 29 ten. 2010. MORAES, Jose Luiz – Reflections concerning preventive archaeology. Publication IPHAN – 9 Regional Supervision of So Paulo .SANTOS, Maria Ceclia Loschiavo. So Paulo Mater soul, 63 years? University of So Paulo. 1988.Diretrizes Ed. UPS for Studies and Projects of Small Central offices Hydroelectric plants? CAP. 2. Available in: . Access in: 29 ten. 2010.