Análise da efetividade da fase de pós-licenciamento do Brasil

Abstract

This dissertation discusses environmental post-licensing, its concept, and mainly, the effectiveness of this licensing phase in Brazil. To this end, three instruments which are applied by environmental agencies and can be used in this phase were selected: inspection (analyzed in conjunction with monitoring), environmental audits and the Conduct Adjustment Terms (TAC). A methodology was developed to analyze the application of these instruments in selected case studies, observing the practical results obtained and the response of the undertakings. Priority was given to situations where the perception of the beginning of post-licensing was clear, defining the following case studies: Port Complex of Açu, Votorantim and Ternium (exception to the rule, into which the distinction between licensing and post-licensing is complicated). In the end, it was concluded that the instruments were effective in the Açu Port Complex, and as a good example also Votorantim's TAC. The environmental inspection at Ternium and Votorantim was partially effective, as well as the environmental audits applied to both. Finally, the TAC applied to the Ternium case is the only case of the instruments to be assessed as ineffective. It was observed that the evaluated instruments are subject to improvement in the course of licensing, with greater integration, so that they are used in a targeted and effective way. The structure and capacity for action of environmental agencies must ensure that they act in the expected manner, increasing, in particular, the participation of organized civil society in the licensing and post-licensing process, following the results and actions taken.