O licenciamento como instrumento da política ambiental brasileira e as novas propostas para sua regulamentação no Congresso Nacional

• Ano de defesa: 2018
• Autor(a) principal: Silva, Thaysa Sonale Almeida
• Orientador(a): Carneiro, Ricardo
• Banca de defesa: Batitucci, Eduardo Cerqueira , Silva, Gustavo Melo
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Fundação João Pinheiro
• Programa de Pós-Graduação: Programa de Mestrado em Administração Pública
• Departamento: Escola de Governo Professor Paulo Neves de Carvalho
• País: Brasil
• Palavras-chave em Português: Política Ambiental; Licença Ambiental; Regulamentação Ambiental; Mudança Organizacional
• Área do conhecimento CNPq: ADMINISTRACAO PUBLICA::POLITICA E PLANEJAMENTO GOVERNAMENTAIS
• Link de acesso: http://repositorio.fjp.mg.gov.br/handle/tede/411

This research focuses on impending constitutional changes regarding environmental licensing according to bills presented in the National Congress. The study was conducted through a descriptive approach based on bibliographical and documental surveys, and the purpose is to outline the trajectories of Brazil’s environmental policy and its main instrument for territorial planning: environmental licensing. Both delimitations provided analytical elements to understand the current reformist agenda of the Federal Legislative Power regarding licensing, the main objective of the research. The core analytical argument of this work is the assumption that "institutions matter", meaning institutions as the ground rules that limit and structure human actions. Thus the present study is analytically based on the theoretical input offered by New Institutionalism in its three perspectives: rational, historical, and sociological choice. The role of the State as regulator is also taken into account, from two main angles: a more general one — the creation of rules that ensure stability to the institutional settings and greater security in transactions — and a more specific one — the State as guardian of the environment through public policies that consider the environmental factor in the decision processes not only of government policies, plans, and programs, but also of the private agents operating in the market. The study is divided into four chapters, an introduction containing the methodology and objectives of the research, and the final considerations. The four chapters cover, respectively: a theoretical review of New Institutionalism, focusing on the understanding of institutions and institutional changes from different analytical perspectives; the institutional trajectory of Brazilian environmental policy, with its main normative milestones; the institutionalization of environmental licensing as an instrument of PNMA; and the collection, systematization, and analysis of the regulatory proposals for environmental licensing currently under discussion in the National Congress. The final considerations highlight that these new proposals lead to a rupture in the institutional trajectory of licensing, perceiving it as a developmental obstacle and proposing the flexibilization of rules that support its application in favor of greater agility in the emission of permits. This practice deprives environmental licensing of its original purpose, which is to ensure the harmonization between development and environment.