Environmental licensing in Brazilian legislation: an analysis from a critical view of environmental justice

• Autor(a) principal: Santos, Pollyana Martins
• Data de Publicação: 2022
• Outros Autores: Loreto, Maria das Dores Saraiva de, Oliveira, Marcelo Leles Romarco de
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista de Direito Econômico e Socioambiental
• DOI: 10.7213/revdireconsoc.v13i2.28805
• Texto Completo: https://periodicos.pucpr.br/direitoeconomico/article/view/28805
• topic: legislação ambiental; licenciamento ambiental; conflitos ambientais; justiça ambiental; injustiça ambiental.; environmental legislation; environmental licensing; environmental conflicts; environmental justice; environmental injustice.

This work aims to analyze the Brazilian environmental legislation regarding environmental licensing from the critical view of environmental justice, seeking to understand its role as a formal space for disputes for environmental justice, and as a mechanism for legitimizing environmental justice or injustice. For this purpose, federal and state legal instruments, issued by the Legislative and Executive Powers and, at the administrative level, by the environmental agencies, were analyzed. Data were processed using the IRaMuTeQ software, using the Descending Hierarchical Classification and Word Cloud analyses. The results showed, in all analyzed classes, elements that indicate environmental injustice. Thus, within the scope of the analyzed legal instruments, a hegemonic utilitarian discourse was observed, which reproduces the environment from an economic perspective, devoid of sociocultural meanings. In this sense, it is concluded that the Brazilian legislation regarding environmental licensing, in addition to not adequately exercising its role in the construction of environmentally fair results in the context of environmental conflicts, can be transmuted into mechanisms for the reproduction and legitimization of environmental injustices.