O licenciamento ambiental no Estado do Rio de Janeiro: uma análise a partir das deliberações colegiadas produzidas pelo Condir e CECA entre 2009 e 2017

• Autor(a) principal: Vasques, Pedro Henrique Ramos Prado
• Data de Publicação: 2019
• Outros Autores: [e-mail]
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UERJ
• Texto Completo: http://www.bdtd.uerj.br/handle/1/17876
• topic: Environmental licensing; Neo-institutionalism; Urban-environmental law; Licenciamento ambiental; Rio de Janeiro; Neo-institucionalismo; Direito urbanístico-ambiental; CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITOS ESPECIAIS

The State of Rio de Janeiro pioneered the elaboration and implementation of environmental legislation since the mid-1970s. This dynamic allowed the development of institutions and a more specialized state bureaucracy that, at various times, contributed to the formulation of public environmental policies. With regard to licensing was no different. In this sense, Rio de Janeiro's institutions have undergone several transformations over the decades, increasing their complexity and gaining new characteristics. This work aims to study the environmental institutional structure of the State of Rio de Janeiro, specifically regarding the licensing process, since its last major change, with the creation of the State Environmental Institute (INEA). To do so, it adopts a neo-institutional approach, implemented in a critical way, while taking into account the current political and economic instability context experienced nationally, perceiving licensing as a public policy. To perform this task, the study is divided into three stages. The first focuses on the historical trajectory of the State of Rio de Janeiro, in which moments of interest are selected to understand the construction of its institutions. Next, we work on the emergence and successive transformations of the state environmental agencies, including the dynamics involving licensing. In a third stage, data extracted from the public manifestations of the main state deliberative bodies (CECA and CONDIR) regarding the granting of licenses and authorizations is analyzed in order to understand the operationalization elements of the tool and its implications with the state territory in the period of 2009 to 2017. The analyzes show that the federal licensing model defines important elements of public policy. However, regional characteristics produce fundamental distinctions that, combined with the recent changes, seem to indicate the accentuation of a neoliberal rationality whose main unfolding is not the extinction of the licensing, but the production of new transformations in the mechanism. These, in turn, privilege bureaucratic aspects, is less open to the participatory dynamics and is directed to accelerate the process of issuing licenses and authorizations, although this implies in the flexibility of legal security provided by the current normative framework