Legislação ambiental brasileira e o licenciamento de rodovias no Estado do Rio Grande do Sul

Abstract

In Brazil, a country with continental dimensions, road transport is the main modal used with 1.53 million km of paved and unpaved roads. Highways are considered as vectors of development and represent a source of anthropic disturbance to the environment, such as fragmentation of the landscape and high mortality of fauna, representing a real threat to the conservation of wildlife. The integration of the existing infrastructure and the forecasting and mitigation of the impacts of new projects is a major challenge. This study is divided into 02 (two) chapters. The first aimed to approach, through a review of Brazilian environmental legislation, the promotion of reflection on the fundamental rights and guarantees constitutionality guaranteed, in view of the contours of the legislation that regulate the environmental theme. Still, he spoke about the State’s duties in protecting the environment, in a fine line of the administrative limits between the excess of prohibition and insufficient protection, with reference to the accountability of conducts and activities that are harmful to the environment. He also enumerated the particularities of the degrading state and, at the same time, the controller of degradation, addressing the constitutional guarantee of socio-environmental non-setback. The second chapter aimed to identify the technical and legal criteria that guided the environmental conditions and expressed in the licenses of the highways of the northern region of Stade of Rio Grande do Sul, identifying any deficiencies or inconsistencies that are effective in the implementation and reduction of environmental impacts. For the analysis of the collected data, the documents referring to the Environmental License were evaluated; the Environmental Conditions envisaged; the guiding technical rules; the actions taken to regularize the highways; and the legal ramifications for its applicability. It concludes that the current environmental licensing procedure for highways, signals conflicting decisions that make the desired ends unfeasible and need improvements for greater protection of fauna. This dissertation is linked to the Natural Resources Conservation Research Line of the Postgraduate Program in Environmental Science and Technology at the Federal University of Southern Border.