Licenciamento ambiental e a proteção do meio ambiente ecologicamente equilibrado: uma análise do Projeto de Lei nº 3.729 de 2004 e da Proposta de Emenda à Constituição nº 65 de 2012

Abstract

The present work has as general theme the environmental licensing process, an instrument that provides means for the State to fulfill its duty to provide the ecologically balanced environment. The central object of the study is the analysis of Law Project nº 3.729 of 2004 and of the Proposal of Amendment to the Constitution nº 65 of 2012. The construction of the work brings in its first chapter the verification of the principles of the Socio-environmental State of Law, sustainable development, prevention and precaution and prohibition to the environmental retrogression regarding the normativity applicable to the licensing process and its repercussions in the updating of the environmental legislation. In the second chapter, the analysis is centered on the licensing process, in particular, in one of its stages the previous study of environmental impact with its environmental impact report (EIA/RIMA), which will be applicable in situations with probability of significant degradation of the environment, as well as the data study of the Brazilian Institute of Environment and Renewable Natural Resources (IBAMA). The third chapter is focused on the critical debate of the legislative proposals mentioned above. In relation to Law Project nº 3.729 of 2004, it is verified the way in which it proposes the reduce of deadlines, decrease of the role of other agencies involved leaving centralized decision-making at the competent agency for licensing and opening to entities of the Federation to regulate the differentiated procedures according to the activity. On the other hand, the Proposal for Amendment to the Constitution nº 65 of 2012 ties the granting of the environmental license to the presentation of the EIA. The basis for these propositions lies in the criticism of the current way in which environmental licenses are processed, which in theory would be a more bureaucratic and ineffective system. In any case, the ecologically balanced environment is a collective patrimony that must be preserved by environmental legislation With this framework, the reasoning logic of the work starts from the deductive method using the initial analysis base in the general normative content of the principles to later labor on specific concepts of environmental licensing and EIA/RIMA, in order to analyze the object contained in the content of the intentions discussed in the Legislative Branch. For this purpose, general and specific bibliographical research was made on the subject to support the arguments presented.