Licenciamento ambiental: uma análise normativa das propostas de alteração legislativa acerca da matéria

Abstract

Since its criation by Law nº 6.938/81, environmental licensing was a fundamental mechanism to protect the environment. Through this instrument, economic activities that may cause environmental impact are regulated, so that the Public Power can condition its exercise and safeguard the fundamental right to an ecologically balanced environment, contained in art. 225 of the Federal Constitution, appearing as an origin of principles of Environmental Law in our legal system. However, environmental licensing is often seen as an obstacle to entrepreneurial activity and the economic growth of the country, so, several bills aimed at mitigating this institute were put through the Legislative Branch. Due to its current nature and relevance of these projects, PL nº 3729/2004 and PLS nº 654/2015 stand out, being targets of great environmental and political discussions. Therefore, the purpose of this study is to analyze these Law Projects nº 3729/2004 and nº 654/2015, from the point of view of the principles of Environmental Law and the normative framework regulating the licensing institute. Through the study of sources such as national and international norms concerning the theme, doctrine, articles, theses, dissertations, legal productions (legal and thecnical opinions and technical notes), news reports and the Laws themselves, it is concluded that these proposals are incompatible with the principles of Environmental Law and the legal framework of the country.