A PEC 65/2012 e sua possível inconstitucionalidade, bem como um retrocesso no licenciamento ambiental.

Abstract

The present work aims to discuss the Proposal for Constitutional Amendment - PEC 65/2012 and its possible unconstitutionality, as well as a regression in the Brazilian environmental licensing. The pertinence of this discussion is due to the attempt to include a paragraph, the seventh, in Article 225 of the Federal Constitution and would be to ensure the continuity of public work after the granting of the environmental license provided that the presentation of the previous environmental impact study Authorization for the execution of the work, which can not be suspended or canceled for the same reasons except in the face of a supervening fact. The research was supported by legislation, doctrines and judgments that permeate this subject with the intention of demonstrating the contrariness of PEC 65/2012 when confronted with the principle of non-retrocession, in addition to a possible unconstitutionality. Environmental Licensing is a strategic tool aimed at a constitutionally foreseen protective position and therefore any legislative change in this sense should be widely disseminated and studied so that this good "of common use of the people and essential to the healthy quality of life" has the proper protection. The work of completing the course is structured in topics, presenting in the first a concept and definitions about the Environmental Licensing and also of what becomes Environmental License based on several authors. The second topic presents a legislative history of the Brazilian environmental protection system where it is clear that although we are constantly creating and changing laws and statutes, we are still far from the environmental security that the constitution and other legal documents propose . The third topic presents the need to understand what the Environmental Impact Study and the Environmental Impact Report is, and characterize them by demonstrating that they are necessary but not mutually exclusive. In the four topic we find the stages and procedures for obtaining an environmental license and it is at that moment that we observe that the addition of a paragraph that aims at the simplicity of obligations regarding environmental protection may be too damaging to the environment. Finally, we demonstrate the constitutional offense that PEC 65/2012 can bring to the environmental protection system that has already suffered several setbacks.