Environmental Licensing Vs. Equitable and Sustainable Development: The Incidence of the Principle of Proportionality as a Weighing and Choice Instrument in the Brazilian Judicial System

• Autor(a) principal: Farias, Athena de Albuquerque
• Data de Publicação: 2019
• Outros Autores: Campelo, Maria Paula Silvestre, Brito, Francisca Ergovânia Batista de
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Amadeus International Multidisciplinary Journal
• DOI: 10.14295/aimj.v4i7.70
• Texto Completo: https://amadeusjournal.emnuvens.com.br/amadeus/article/view/70

Abstract: The increase in the chances of potential environmental catastrophes due to excessive anthropic activity has caused society to turn its efforts to protect the environment. The notion of Sustainable Development was raised aiming economic growth based on the rational use of existing natural resources, for the purpose of preserving them for future generations. The concept of Equitable and Sustainable Development was created, which encompasses several aspects of society besides economic and environmental, with the main purpose of stimulate socially equitable development together with a sustainable environment. Environmental licensing consists of an administrative instrument used by the State to regulate potentially harmful activities to the environment. In this, it is sometimes necessary to consider constitutional principles, which requires verification of which should prevail, depending on the conflicting case. The present study defends the effectiveness of the use of the Principle of Proportionality in the act of weighing constitutionally protected interests, where the particularities of the concrete case must be analyzed in order to verify which institute should overlap, seeking the harmonization between free enterprise and the right to a balanced environment, these being the main principles involved in environmental licensing. Keywords: Environmental Law. Administrative law. Sustainable Development. Environmental license. Principle of proportionality.