Licenciamento ambiental e a gestão consensual: descontinuidade em processos decisório participativos

• Autor(a) principal: Oliveira, Douglas Luis de
• Data de Publicação: 2008
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: LOCUS Repositório Institucional da UFV
• Texto Completo: http://locus.ufv.br/handle/123456789/4117
• topic: Licenciamento ambiental; Administração consensual; Audiências públicas; Environmental licensing; Consensual administration; Public audience; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITOS ESPECIAIS

The procedure of Environmental Licensing in Brazil is inserted into the set of standards that are governed by the constitutional principle of popular participation in decision-making of public administration. Nevertheless, the doctrine of law which upholds the consensual management of the public goods in its turn reveals the necessity of administration to recognize the relevance not only of the legislation, but the effective implementation of these systems consensual management. The problem in study arises when the instruments available to society become incapable of promoting an integrated decision, creating a gap between the consults in civil society and practices in public administration. The study is examining two of the instruments for popular participation considered the majors in the Environmental Licensing in works who covers a watershed: the Basin Committee, which is the collegiate institution with popular representation competent to manage the area under its management and the Public Audience, moment legally made so that there is dialogue between government and citizens in Licensing. What was observed were instruments who offer a potentiality for participating politics effectivation, but the deturpated practics make the commands still be emanated from a central government, which can only be broken with the effectivation of democratic principles and making constant society s supervision.