Licenciamento Ambiental: uma visão simplificada.

Abstract

Preserving the environment is a fundamental guarantee of human rights, as well as the guiding principle of Environmental Law. Environmental Licensing emerges as the most important instrument of the National Environment Policy, in the search for control between economic development and environmental degradation. The theme chosen by the work is justified by the relevance of the analysis of the Environmental Licensing procedure, which invites the Government, the entrepreneur and society to reflect on solutions aimed at sustainable development, that is, the evolution in economic issues in harmony with environment, aiming at quality of life. This research aims to elucidate in a simplified manner in accordance with Resolution 237/97 of the National Environment Council, Law No. 6.938 / 91, Decree No. 99.247 / 9 and Resolution No. 001/86, all the necessary procedure for the Environmental Licensing, justifying its relevance in the control of activities harmful to the environment. The method used was the hypothetical-deductive, starting with a general analysis for the particular cases, as well as the exegetical-legal one, since throughout this research, the main Environmental Laws that regulate the topic under review took place. The research techniques used were bibliographic, legislative and jurisprudential, based on the entire licensing procedure in accordance with environmental laws, the different doctrinal positions and the decisions of the Superior Courts on the subject in question. Thus, the objectives of this research were achieved, concluding that, from the completion of the Environmental Licensing process, systematizing its steps and defining its mechanisms of action, environmental protection will be ensured in the face of degradation and environmental impacts caused by economic growth and social.