Licenciamento ambiental: instrumento de controle na busca da efetividade do direito fundamental ao meio ambiente ecologicamente equilibrado.

Abstract

The present study is to analyze the instrument of the National Policy on the Environment, the environmental licensing in general as well as relevant aspects of environmental licensing incidents in Paraiba by interpretation of Resolution CONAMA. The methodology is consistent with the method of interpretation combined with the legal literature on the design theme. The problematic raised is to check if the environmental licensing is an effective legal instrument in the search of environmental conservation by the regulation and adjustment of activities or projects or potentially causing environmental impacts of environmental law. The frame of the search broach four chapters, the first devote contextualize environmental Rights, hanging its historical, concept and its approach set of principles and constitutional, the second does mention an requirements of determination of the competence in the environmental Rights, and also in the process of the environmental licensing; the third chapter analyze whole process of ordinary environmental licensing, leaving of the initial considerations until the reversibility of the environmental concession, and by us, the final chapters that parse the incidence of the specific environmental licensing of the economical-social important activities of the state of the Paraiba. At the conclusion of this study we found that the environmental licensing is the best instrument of the National Environment forwarder of sustainable development and the unceasing search of the implementation of law essential to an ecologically balanced environment.