The environmental licensing brazilian and possibilities of popular participation

Abstract

This article discusses the Brazilian environmental licensing under the bias of popular participation and as a strategic factor in environmental protection. In this sense, seeks to answer the following problem: Given phases of environmental licensing as foster the opportunities and possibilities of popular participation in this instrument? Licensing is a typical executive branch action and is an important management tool, public administration and community seek to exercise the necessary control over human activities that interfere in environmental conditions. To encourage discussion the study follows a qualitative approach and an interpretative approach and understanding of the Law of the sources related to the topic, especially the normative and doctrinal. Popular participation should be a core of the environmental licensing process because target development in the Federal Constitution of 1988 presupposes shared responsibilities. It concluded that the law can and should make it mandatory that every entrepreneur propose their own involvement program and popular participation and to present it to the competent environmental agency at the beginning of the licensing process based on the size and project impacts, as well as the reality of affected communities. The involvement and public participation should be ensured in legislation and environmental policy of governmental and non-governmental institutions.