Navegando por Autor "BARROS, Lucivaldo Vasconcelos"

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Acesso aberto (Open Access)
A efetividade do direito à informação ambiental
(Universidade de Brasília, 2004-10-27) BARROS, Lucivaldo Vasconcelos; AGUIAR, Roberto Armando Ramos de; http://lattes.cnpq.br/0714758775231902
This research presents a reflection on the right to information as an instrument for strengthening participatory processes in the defense of environmental heritage and in harmony with the principles of sustainable development. Its main focus is on the transfer of information during the public hearing stage in environmental licensing processes. The principles, concepts and practices of the public participation process are analyzed, especially those regarding the dissemination of environmental information. The interferences in its access, as well as its origins and typologies are indicated, from the most common communication barriers to structural political and economic influences. Consequences due to difficulties in the access to information are shown as well as their reflexes on the role of law and ethics in the process. Historic and conceptual issues of the Rule of Law are presented in order to approach the right to information in a broader way, particularly as an instrument of democracy. The importance of democracy in the awareness of environmental protection is stressed. The importance of public information and a legal view of the right to environmental information in a national and international level is presented. Environmental management aspects in Brazil such as the environmental impact assessment process are taken into account as well as a study on public hearings as instruments for access to environmental information. This approach is based on interviews with different stakeholders and on research developed upon documents of public hearings in three processes of federal environmental licensing of hydroelectric projects. The analysis based on documents as well as on interviews helped consolidate the theories and hypothesis formulated in this research. A need for behavioral changes in the current practices is indicated, especially regarding the transparency of those demanded by the government in order to incorporate ethical principles capable of effectively transforming those practices.
Acesso aberto (Open Access)
O Estado (in)transparente: limites do direito à informação socioambiental no Brasil
(Universidade de Brasília, 2008-12-15) BARROS, Lucivaldo Vasconcelos; AGUIAR, Roberto Armando Ramos de; http://lattes.cnpq.br/0714758775231902
Is access to information guaranteed in an effective way in Brazil? Has the State been transparent in regards to environmental issues? In order to answer these questions, this analysis presents the malfunctions of the State of Brazil to ensure citizens’ rights to information. First, the study contextualizes the State and looks at publicity and transparency, seeking to demonstrate political and economic limitations. The thesis is based on the thinking of Bobbio, Habermas and Bourdieu, without ignoring contributions from other thinkers. This study analyses the legal basis for environmental publicity between 1934 and 2006. It demonstrates the State’s obscurity in provision of information and describes the role of alternative media for public access to information. The study presents a series of cases in which the right of information have been denied and highlights inconsistencies related to the guiding principles of a democratic state. In conclusion, the research shows that, from a juridical perspective, information is an important instrument for environmental management. From a doctrinaire point of viewt, the study asserts that in a democratic state, access to information should be the rule, while secrecy should be a rare exception. However, under the theoretic-operational perspective, a flagrant disrespect to this right is verified, and, in many cases, used as a source of power, restricting access to important public decisions. Even considering punctual contrasts, the discussion on this topic is gaining relevance. We can already perceive that information, in general terms, already exists. The problem does not result from the absence of information, nor the lack of new laws or institutional knowledge, but the need of a greater engagement from society, both in the development of a management capacity and in a greater ethical commitment from those who hold power over public information.