Retrocesso ambiental : o desmonte do licenciamento ambiental com o substitutivo ao projeto de lei nº 3.729/2004 que cria a lei geral do licenciamento ambiental.

Abstract

The environment is considered by the Brazilian Federal Constitution of 1988 as a property of diffuse interest whose protection and defense compete for all, that is, the State and society. One of the main instruments created by the National Environment Policy in defense of the environment is environmental licensing. This is the main mechanism of control of potentially polluting economic activities that exists in the Brazilian legal system. It is a tool to prevent environmental exploitation at any cost, since the administrative procedure to license potentially polluting activities establishes criteria that aim to preserve and mitigate the environmental impacts generated by the enterprise. In the absence of a national regulatory standard, this important environmental protection tool runs the risk of being disfigured with the legislative proposal that is being processed by the Chamber of Deputies, which seeks to make the rules for environmental licensing more flexible with the justification that the current procedures cause obstacles to the economic development of the country. In this context, the object of the present work, before the proposal of law that changes the rules of the environmental licensing is to make an analysis of the main points that indicate an environmental retrogression, its implications in the defense of the environment and to those who interest this slowdown in the licensing procedure.