Navegando por Assunto "Licenciamento ambiental"

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Acesso aberto (Open Access)
Avaliação do licenciamento ambiental de grandes projetos de saneamento básico na Região Metropolitana de Belém-PA
(Universidade Federal do Pará, 2019-08-22) COSTA FILHO, Felipe Antonio Melo da; PEREIRA, José Almir Rodrigues; http://lattes.cnpq.br/9918600634569244
The procedures of the environmental licensing process of four major basic sanitation projects carried out in the last 15 years and directly or indirectly affected or affected with a quality of life of over 100,000 inhabitants of the Belém Metropolitan Region were taxed. The methodology was divided into three stages, starting with a selection of basic sanitation ventures. In the second stage, the evaluation criteria were identified and systematized observing the current legislation and the technical-scientific literature. In the last stage, they were evaluated and classified as the effectiveness of the licensing processes in the competent environmental agency. The projects selected and analyzed were the projects of the Tucunduba Drainage Channel, Bologna Water Treatment Plant, Marituba Waste Processing and Processing Plant and UNA Sewage Treatment Plant. The environmental impact assessments applied in the four projects were consistent and adequate, regarding the effectiveness rating, the Bologna Water Treatment Plant process was rated as good, Marituba Waste Processing and Processing Plant and the Tucunduba Drainage Channel as regular and the UNA Sewage Treatment Plant had the worst result about the effectiveness of the environmental licensing process. In a survey, it was observed that compliance with legal standards occurs, despite the difficulties applied by the current project evaluation system, such as the lack of more technicians in the environmental agencies, lack of standardization of projects for small projects and small supervision. in the implementation and operation stages of the activities. There was also a long period of environmental analysis of the projects. Finally, it was selected that there is a need to improve or access the technical information and documents of the licensing processes of 4 projects, or that hinders the monitoring and participation of the directly affected population in the study area.
Acesso aberto (Open Access)
Comunidade quilombola do Subaé e o licenciamento ambiental de linha de transmissão de energia na Bahia: violação ao direito da consulta prévia, livre e informada
(Universidade Federal do Pará, 2023-08-30) ARAUJO, Luciéte Duarte; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535; https://orcid.org/0000-0003-4639-9881
The research proposes to identify the mechanisms used by federal agencies, municipal and by Sterlite Power Grid Ventures Limited that favored the violation of the right to prior, free, informed and good consultationfaith provided for in ILO Convention 169 in the environmental licensing of LT 500 kV Port of Sergipe (SE) - Olindina (BA) - Sapeaçu (BA) C1 Associated Substations, from the study of Quilombo Subaé. The provisions of art. 68, from the ADCT of the Constitution of the Federative Republic of Brazil of 1988, which ensures the right to property of quilombola communities. The environmental licensing process of this project is being processed at the Ibama office in Bahia, under number 02001.022704/2018-96 and already includes the release of prior licenses and installation of LT 500 kV. To do so, it is intended to understand the logic (s) that guides (m) decisions, in terms of legal references. It is understood that the parameter adopted by the Brazilian State in environmental licensing of project of this nature is being life, good living and human rights defenses in CRFB/88 and in International Treaties to which Brazil is a relative signatory in the name of development. As for the methodology, it is a case study, the research will follow, as a rule, the hypothetical-deductive approach method and, as for the technical procedures adopted, it is configured as bibliographic and documentary research. We adopted a theoretical matrix with an anti-racist bias to show that the Brazilian state, as well as other modern states originated from a historical and political process of the capitalist-projectcolonial countries of European countries based on the inferiorization of the black subject in such a way that, even today, neoliberal they suffer the violence of structural racism that persists in societies and; of critical theory of law to remind that this system of hierarchical social regulation allows some legal institutions to reproduce arbitrary actions of power that culminate in the impossibility of social and racial justice. Thus, the structures of the state are essentially exclusion, oppression and discrimination. Considering these justifications, we understand the negligence coming from some organs of the country with the Quilombo Subaé in the Municipality of Antônio Cardoso/BA, as a typical case of environmental racism.
Acesso aberto (Open Access)
Governo, interesse público e práticas burocráticas: tessituras políticas no processo decisório do licenciamento ambiental do Projeto Volta Grande no Xingu - Pará
(Universidade Federal do Pará, 2021-04-26) SANTOS, Selma Solange Monteiro; MATHIS, Armin; http://lattes.cnpq.br/8365078023155571; https://orcid.org/0000-0002-7831-9391
The environmental licensing is the political instrument founded under the juridic positivity that applies the environmental control function of economic activities. This process, which has been brought up by the knowledge of the techno sciences stablishes a rule with principles that support the idea that all the damage, impact and negative effects can be rationalized by tools and technical methods (evaluation of environmental impacts, impact mitigation, compensation, constraints and the end of conflicts through negotiation). These methods and tools would produce technical resolutions to the territorial conflicts. This thesis questions the neutral, technical and operational natures of the rational ways of licensing intervention. Therefore, an analysis has been made about the decision-making process of a big project of gold mining and its macro and micro political relations. The bureaucracy behind the project will be investigated considering two main theoretical aspects: the concept of governmentality supported by studies originated in Foucault (2008a, 2008b) and the anthropology of bureaucracy according to the explanatory table “Studying up” (NADER, 1972). The historic processes of governmentalization of the State grounded on the domain of power and knowledge of the political economy allow us to analyze that the public interest mobilizes the procedure aligned with the economic order, the practice of the State financial activities and the business strategies. This way, the environmental control interferes in the governmental planning and its tactics, where the environmental licensing is the main instrument to attract big mining projects. The licensing is planned within the public policies for regional development. The political interests get into the internal practices of the licensing organizations and they can get attached to the subjective interests of the employees depending on the contingency. The result of the macro and micro political relations will produce a composite reality where the environmental licensing is a complex and uncertain political process that is driven by the environmental institution. It represents the different interests of the government which orientations are materialized by arguments that derived from the technical knowledge of the discretionary practices. These practices are strategically selected in order to bring harmony between the sides in conflict as well as changing criteria, documents and appointments for the following stages of the whole process.
Acesso aberto (Open Access)
Licenciamento ambiental: as sobreposições das ações entre os três níveis de governo – o caso do estado do Pará
(Universidade Federal do Pará, 2010-10-21) DIAS, Solange Valadares; VASCONCELLOS SOBRINHO, Mário; http://lattes.cnpq.br/7843288526039148
The research takes an analysis of the environmental license process. Particularly, it deals with the superposition of actions for environmental license between the three levels of government entities. This is because superposition of actions generates conflict between the three levels of government entities in the environmental license process. In this study, conflict means a disagreement between the government entities to carry out the environment license process. Methodologically, the research takes a case study of two projects that have been involved in the environmental license process carried out by different entities. The study analysis is centered into three main issues. Firstly, it deals with the national environmental policy; the regional (Estado) structure and policy; the município autonomy; and, the legal background for environmental licensing and decentralization policy. Secondly, the study tries to understand the meaning of conflict to the government entities that belong to SISNAMA. Thirdly, the study focuses on the forms of management and conciliation to overcome the conflicts. The second and thirdly issues were examined from semi-structures interviews with government staff members. The study identified two kinds of conflict: (a) a horizontal kind of conflict which is stressed by a disagreement between government entities and (b) a vertical kind of conflict that involves government entities and civil society organizations. The research concludes that conflicts are generated by lack of definition of the licensing entity in the legal structure that in its turn impacts on the licensing process and on the environmental management. However, the research identified that conflict is part of the social dynamics that involves opposing (political, social and economical) interests.
Acesso aberto (Open Access)
O lobby da confederação nacional da indústria na câmara dos deputados: novas regras para o licenciamento ambiental
(Câmara dos deputados, 2020-12) CRUZ, Mariana Trindade; CABRAL, Eugênia Rosa
The Bill entitled "General Law on Environmental Licensing" (PL 3729/2004) authored by Deputy Luciano Zica (PT) is being processed in the brazilian House of Representatives and raises controversies among groups in favor of and against the flexibilization of environmental rules. For considering the National Confederation of Industry (CNI) a group responsible for pressure activities, our objective was to identify the strategies used by CNI to influence the formulation of PL. We use documentary analysis as methodology, through data collection on the online website of the House of Representatives, as well as documents produced by CNI. The results point to the success of the business lobby, because the group was able to intervene in decision-making arenas, regiment allied parliamentarians to defend their interests and incorporate their preferences in the entire content of the PL, the substitute approved by the Finance and Taxation Committee (CFT).
Acesso aberto (Open Access)
Protocolos comunitários-autônomos de consulta e consentimento quilombolas: direito e negacionismo
(Universidade Federal do Pará, 2020-11-17) GIFFONI, Johny Fernandes; MOREIRA, Eliane Cristina Pinto; http://lattes.cnpq.br/7471628624621314
Quilombolas throughout Brazil scream in pain! The pain of the struggle for their existence and the recognition of their identities. Plucked from their ancestral land, the mother Africa, blacks were kidnapped and at the hands of the European colonizer they arrived at what we call Latin America. In Brazil, they resisted slavery. In the past, Quilombos were a symbol of flight and of the struggle against the oppression of the colonial world / modern system, today they present themselves as opposition to the regime of exploitation of nature by capital. This paper deals with the “Community-Autonomous Protocols for Prior, Free and Informed Consent and Quilombola Consultation” created by communities as instruments of territorial defense and their identity. Through them, they intend to exercise their right to self-determination, externalized by the process of consultation and prior, free and informed consent provided for in Convention no. 169 of the ILO, and other international legal instruments. Through discourse analysis and content analysis, using theoretical research and bibliographic research, our research object comprises the Quilombola Protocols raised between the years 2014 and 2020. It is intended to investigate the legal nature of the Protocols, their legal strength and binding efficacy based on Carlos Wolkmer's “Community-Participatory Legal Pluralism”, as well as the discourse of public institutions on its legitimacy and its use as an expression of ethnic identities, racial citizenship, and for the resolution of socio-environmental conflicts produced in environmental licensing. Based on the analysis of the Protocols, we establish the elements and assumptions of the administrative consultation and consent process, which must be carried out by the government whenever an administrative act or law comes to affect or impact Quilombola Communities. As central categories, we use the Theories of Identity, Ethnicity, Deconstruction, Social and Environmental Justice, Racial Citizenship, Decolonial, the Right to Self-Determination, Constitutionalism experienced in the American Continent and the Quilombism of Abdias Nascimento. Boaventura helped us to understand the social conflict between dogmatics of colonial modernity and dogmatics experienced by subordinate subjects. The Protocols are intended to be the appropriate means to be followed by the State in carrying out the Prior, Free and Informed Consultation and Consent process.
Acesso aberto (Open Access)
Relações interfederativas para gestão dos recursos naturais e desenvolvimento territorial
(Universidade da Amazônia, 2018-12) FERNANDES, Mylene Oliveira Cunha; BASTOS, Rodolpho Zahluth
The present article analyzes the horizontality versus the verticality of interfederative relations in Brazil in the light of the Federal Constitution of the National Environmental Policy (PNMA), ascertaining if the theory and practice of these relations have territorial development as one of the main guiding objectives. To do this, we initially sought to search and analyze the main environmental legislation that govern cooperation between federal entities and the normative content of the respective articles that highlight this theme. After examining the legal structure, a methodological procedure was adopted for a bibliographic survey aimed at the problematic, and fi nally, a brief observation and interpretation was made of the relation of some States with their municipalities in what concerns the regulation and the use of the licensing as an instrument for spatial planning and development. The results show that, although environmental standards point to horizontally harmonious relations between Union, States, Federal District and Municipalities, the decision - making and practical verticality in the accomplishment of shared environmental management has prevailed. Thus, territorial development is still far from being a real scope in the scenario of the management of natural resources promoted by federative entities. However, in spite of the theoretical and practical incompatibilities, it is concluded that there has been considerable progress, particularly in the legal sphere, in terms of interfederative cooperation rules aimed at territorial development. However, it is imperative that there is a progressive alignment of this normative structure in order to unlock shared environmental management, as well as a physical and operational structure capable of making these laws possible.
Acesso aberto (Open Access)
Ribeirinhos expulsos por belo monte: negação e reconhecimento de direitos socioambientais
(Universidade Federal do Pará, 2018-06-29) SANZ, Flávia Sousa Garcia; MAGALHÃES, Sônia Barbosa; http://lattes.cnpq.br/2136454393021407; TRECCANI, Girolamo Domenico; http://lattes.cnpq.br/4319696853704535
This is a case study of how the rights of riverines who were expelled with the construction of Belo Monte hydroelectric dam were denied and how these rights are being recognized in the environmental licensing of the dam. This research was accomplished through bibliographical and documentary analysis. Traditional people and communities are especially exposed to the vulnerabilities of socio-environmental conflicts, since Western law has been (and it is) designed to exclude those who do not fit in the standard and those groups are conceptualized as culturally differentiated. Thus, this groups often suffer invisibilization and denial of rights, reducing the possibilities of maintaining the traditional way of life. I argue that the riverside residents were made invisible on the environmental licensing of Belo Monte hydroelectric and, consequently, their socio-environmental rights were disregarded. So I highlight the invisibilization of riverines caused by the Norte Energia company, added of the inaction or failure of the supervisory organ, IBAMA and of the Judicial Power. Lastly, I argue that through riverines resistance, along with others social actors, as MPF and academic community, they have gained greater visibility and are gaining a recognition of violated rights on the environmental licensing of Belo Monte hydroelectric dam.
Acesso aberto (Open Access)
“Tem que mover uma ação”: mobilização, participação e resistência indígena no processo de licenciamento ambiental da usina hidrelétrica Belo Monte
(Universidade Federal do Pará, 2021-02-22) SOUZA, Estella Libardi de; BELTRÃO, Jane Felipe; http://lattes.cnpq.br/6647582671406048; https://orcid.org/0000-0003-2113-043X
In this thesis, I analyze the mobilization, participation and resistance of the indigenous peoples of the Middle Xingu in the course of the implantation process of the Belo Monte Hydroelectric Plant (HPP), located on the Xingu River, in the municipalities of Altamira, Vitória do Xingu and Brasil Novo, in the state of Pará. I discuss the political action and the resistance of the indigenous peoples to the actions for the implantation of the plant, with the purpose of understanding: how do indigenous peoples act and react in the face of damages and losses to their territories and ways of life, caused by the implantation of Belo Monte HPP? How do they act to deal with violations and violence? What rights are enunciated and claimed in your political struggle? For the development of the thesis, I used qualitative research methods, such as participant observation and interviews, through fieldwork in Altamira/PA, Brasília/DF and in indigenous lands, between July 2015 and February 2017. In the first chapter, I address the historical trajectories of the indigenous peoples of the Middle Xingu, in an attempt to understand the specificities of the different social and historical situations experienced by them. In the second chapter, I examine the political and legal context in which the hydroelectric project on the Xingu River, which gave rise to the Belo Monte HPP, was created, and explore the project's chronology and history. In the third chapter, I discuss the implementation of the Belo Monte HPP, focusing on the environmental licensing of the project and the (im) possibility of participation of indigenous peoples, having as main sources the documents of the process of the indigenous component of environmental licensing, which is being processed at Funai, and that build a state narrative about the implantation of the hydroelectric plant. Finally, in the last chapter, using the narratives of Juruna/Yudjá and Arara people from Volta Grande do Xingu as main sources, I analyze the mobilization and strategies of struggle and resistance of indigenous peoples in the course of the environmental licensing process of the project, whether to do recognize the losses suffered, to “negotiate” with the Brazilian State and Norte Energia the mitigation and compensation measures for impacts, to pressure for the implementation of other measures established as conditions for environmental licenses or to demand actions that guarantee the improvement of their conditions of life, even if not provided for in environmental licenses.