Autorização em APP: supressão de vegetação no âmbito do licenciamento

• Autor(a) principal: Santana, Daniel Aparecido
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/34221
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITOS ESPECIAIS; Direito Ambiental; Avaliação de Impacto Ambiental (AIA); Estudo de Impacto Ambiental (EIA); Relatório de Impacto Ambiental (RIMA); Licenciamento Ambiental; Lei complementar 140/2011; Environmental law; Environmental Impact Assessment (EIA); Environmental Impact Study (EIA); Environmental Impact Report (RIMA); Environmental Licensing; Complementary Law 140/2011

The present research aims to analyze in a scientific way one of the most important instruments of the National Environmental Policy: Environmental Licensing that was framed in the legal system in the middle of the years 1981 through Law 6.938 that was instituted by the National Policy of the Environment, but was required only with CONAMA Resolution 237 of 1997, as an administrative procedure in which a competent environmental agency permits the implementation, expansion and operation of enterprises potentially causing environmental degradation. We have the most effective Environmental Licensing process in the world, with well-founded legislation, however, the problems that involve environmental licensing in Brazil are of diverse orders and degrees, generating in turn criticisms regarding regulatory standards, environmental agencies and how much the process itself. Nonetheless, Complementary Law No. 140/2011 came with the objective of setting norms, as provided in article 23 of the Federal Constitution. with very intense repercussions on environmental licensing, on administrative protection resulting from the exercise of common competence regarding the protection of outstanding natural landscapes, protection of the environment and the fight against pollution in any form, preservation of forests, faunas and floras. When we speak of ASV (Vegetation Suppression Authorization), we refer to the instrument that disciplines the deforestation of native vegetation in projects of public or social interest that are subject to the IBAMA board of directors' licensing, which aims to guarantee the control of deforestation and commercialization of forest raw material exploited by the entrepreneurs who won the IBAMA license, through Law no. 12.651 / 12, including the transport of vegetation that is part of the national flora. Therefore, the importance of the study on environmental licensing as one of the fundamental tools for sustainable development in order to aim for the common good, environmental preservation and economic development versus administrative precariousness