Da aplicação do princípio da proporcionalidade e da derrotabilidade das normas na efetivação da tutela ambiental

Abstract

The environmental protection, observed from an administrative perspective, in the course of environmental licensing can envision multiple possibilities, including considering the socio-environmental development in a sustainable way. There are projects whose studies may be unfeasible in view of what is foreseen as adequate limits to human life. This work analyzes the application of the technique of balancing interests and the principle of proportionality in environmental matters in the licensing process, under the responsibility of SISNAMA. It is also possible to observe the possibility of surpassing the environmental norms that impede the execution of projects that attend to the sustainable development, in face of innovative proposals in this sense. The partial conclusions will make it possible to verify that the institutes outlined in this work are fully feasible for application in environmental matters with a view to achieving sustainable development, an expected result of the subsumption of the environmental standard to the specific case. The method used is the hypothetical deductive and the methodology is based on the case study and also on jurisprudential decisions and doctrinal considerations on the matter. The proposed objectives aim to reach decisions that are not restricted to literal interpretations of the legal content. These must envision actions in favor of sustainability, but that can also meet socioeconomic needs.