Monoculture of rain: judicial decision analysis in conflicts resulting from the implementation of wind farms, no Cumbe/ Canavieira, Country Aracati-Ce

• Autor(a) principal: PatrÃcia Lacerda de Oliveira Costa
• Data de Publicação: 2015
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFC
• Texto Completo: http://www.teses.ufc.br/tde_busca/arquivo.php?codArquivo=15484
• topic: PolÃticas PÃblicas; Poder JudiciÃrio; Environmental impacts; Public Polices; Judiciary; OUTROS

The deployment of wind farms subsidized by the Incentive for Alternative Sources of Energy - PROINFA in the years 2008 to 2013, situated in the field of Cumbe dunes / Canavieiras - city of Aracati / Ce, led to the legalization of conflicts in view of the social and environmental impacts negative deployments on site. Such conflicts, in turn, require the state - judge a plain positioning and transforming reality, with containment impacts through guided decisions on the constitutional principles of protection and defense of the environment, given the constitutionalization of this protection and the new State directions of the democratic rule of law. In this sense, after data collection at the federal court in CearÃ, we proceeded to the court decision of content analysis given in Environmental Public Civil Action No. 0000396-30.2006.4.05.8101. Analysis of the decision, it was possible finds that it is application for environmental licensing cancellation of wind farm situated in the countryside of Cumbe / Canavieiras dunes - the city of Aracati / Ce on the grounds that the impact assessment instrument, which is , Simplified Environmental Report - RAS would be insufficient to assess the cumulative impacts of the implementation with a view that this is an environmental protection area that calls for more complex studies as EIA / RIMA. The state judge, in turn, judged by the copyright of order requested in a weighting judgments about energy crisis that hit the country in 2008 which, in turn, requires mitigation measures using the RAS. This position, moreover, denounces the low effectiveness of constitutional norms of protection and defense of the environment, by not having the power to curb the damage indicated by the determination of more complex studies such as EIA that just passed the required in 2012, through Resolution 04/2012 of the state environmental agency - COEMA, in recognition of the fragility of dune ecosystems.