Análise do instituto do licenciamento ambiental sob a perspectiva da Pec 65 e demais propostas legislativas, e da lesão a direitos ambientais

Abstract

Ecological heritage, as well as other collective property, became commoditized in the so-called neoliberal context after the 1970s. The environment, which is an integral part of the list of fundamental rights and duties provided for in the 1988 Constitution, is Common use of all, aimed at meeting the most fundamental needs related to life and dignity. In this section, we refer, specifically in the present study, to the theme of the environmental protection instrument, belonging to the National Environmental Policy, that is, environmental licensing. The licensing regulatory framework is under pressure for the privatization of natural resources, essential assets for the community, which wants to make the licensing process more flexible. On the other hand, there is talk of protecting the environment as a common heritage, and the need to improve the licensing process, not to make it more flexible, but to make it more effective and fulfilling its purposes. Thus, according to a dialectical methodological conception and through the methodology called "content analysis", we tried to answer the research questions. The question was asked about the effectiveness of the licensing instrument, with a focus on the socio-environmental rights of populations directly or indirectly affected by environmental disasters, as well as the possible consequences of making the procedure envisaged through the draft laws in the pipeline more flexible. Through the analysis of the disaster that occurred in Mariana / MG in 2015, as well as of some bills that aim to make licensing legislation more flexible, having as reference the theoretical and conceptual apparatus offered by David Harvey, it is intended to discuss the dignified Environmental licensing and the Environmental Impact Study in Brazil, especially from the point of view of people directly affected by major works and extreme events. It is intended that this study provide elements for an academically critical analysis of the legal-political problem of socio-environmental disasters.