Energy, Infrastructure and environment
Environmental Licensing: compatibility of environmental and economic Autor: Mariana V. Níquel, coordenadora da área de Energia, Infraestrutura e Meio Ambiente da Scalzillifmv
The preservation of natural resources is still seen by most entrepreneurs simply as a series of charges to operating expenses and aggregate production .
In this context , seems paramount understanding of terms in the environmental licensing process , the main tool of society to control the quality of the environment and appearing also as an indispensable tool for the viability of many projects , both public sector and the private sector .
Treaty as a legal requirement for the location, installation, expansion and operation of certain projects and activities , the environmental licensing can be understood as a parameter to the free exercise of economic activities , since, with the closure of the corresponding administrative process , may or may not be granted the environmental license required ( prior to installation or operation ) .
Moreover , the importance of reasonable duration of the licensing process can be perceived with the funding bodies and government incentives ( BNDES BRDE , etc. . ) That , based on art . 12 of Law of the National Environment condition the approval of certain projects to the presentation of relevant environmental license .
However , despite the uncertainty in the results of protocols environmental licensing processes , they can not be seen as an obstacle to the economic development of a country , region or locality . This is because the public official in the exercise of its function , it is , beyond the concern with the principles of precaution and prevention, the quest for harmony of the environmental and economic aspects involved in a procedure licenciatório .
The entrepreneur , the more interested in the grant of the license , it is the provision of clear and reliable information on the potential environmental impacts of the proposed activity and should organize your project in order to comply with the requirements for mitigation , control and monitoring of the same . Moreover, it is the entrepreneur meet the conditions imposed by the licensing authority with which recommended the establishment of a partnership , however it can be this bureaucratic procedure.
This is because, should be avoided legalization , not infrequently unnecessary certain impasses , which entered the Judiciary , which is faced with the lack of clear and uniform related to environmental licensing , hindering the formation of judicial precedents able to guide our Judges safely .
It has , thus, that the environmental license must be seen as a genuine dialogue between registered parties that pursue a common goal , namely the development of a sustainable , buoyed on basic principles such as the reasonable duration of the process , legality , advertising and efficiency , for example.
