Licenciamento como instrumento de regulação ambiental no Brasil: análise crítica da proposta do novo marco regulatório

• Ano de defesa: 2017
• Autor(a) principal: Bustamante, Maria Magalhães de
• Orientador(a): Sampaio, Rômulo Silveira da Rocha, Guerra, Sérgio
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Palavras-chave em Português: Regulação ambiental; Licenciamento ambiental; Direito da Regulação; Projeto de lei geral do licenciamento ambiental
• Palavras-chave em Inglês: Environmental regulation; Environmental Licensing; Regulation law; Environmental Licensing Legislative Proposal
• Link de acesso: http://hdl.handle.net/10438/18430

Environmental licensing, in recent years in Brazil, has been the center of the great public debates, exceeding the juridical-environmental field. As a main instrument of the National Environmental Policy, responsible for making the protection of natural resources compatible with the demands imposed by the development of economic activity, the instrument assumed an excessive role in the environmental regulator sphere. However, criticism regarding the instrument is constant, especially in relation to the delay in conducting the procedure and excess of bureaucracy that might jeopardize new investments of projects that would leverage the country´s economic development. In this sense, in spite of specific problems that could compromise the effectiveness of the regulatory instrument, there are a series of structural and instrumental deadlocks that exceed its scope. Nevertheless, discussions on the subject are limited to changing the environmental licensing procedure, through reform proposals that seek to make licensing more flexible. The analysis undertaken in this dissertation intends to consider the structural aspects of the National Environmental Policy, as well as the main obstacles faced by environmental licensing procedure, in order to confirm the hypothesis of the lack of effectiveness of the regulatory instrument. The present work also intend to analyse critically the main legislative proposal regarding environmental licensing procedure, aiming to verify if this proposal has the potential to give greater effectiveness to the regulatory instrument.