Licenciamento ambiental e efetividade no controle das atividades minerárias

Abstract

The Public Power intervenes in the economic order in order to protect the environment. Among the activities that cause a negative environmental impact, mining occupies a prominent place, as it occurs through the extraction of non-renewable natural resources and can cause damage. In this sense, the problem of the present research is to verify if the environmental licensing of mining, in the normative plan, consists of an effective instrument to control economic mining activities. Considering that the deposits are federal assets, the research and mining activities depend on the granting process of these competent bodies, whose peculiarities interfere with the environmental licensing rules. In turn, the objective of this work is to analyze the normative treatment of the environmental licensing of mining activity, its phases, in addition to CONAMA Resolutions n 009/1990 and n 010/1990. To this end, bibliographical and documentary research was carried out, with a qualitative approach and a deductive approach method. It was found that environmental licensing, at the normative level, is effective as an instrument for controlling economic activities, especially due to the existence of different phases and studies; however, for improvement, it is necessary to modify the regulatory structure.