O papel do licenciamento ambiental na redução de intercorrências ambientais como as de Brumadinho e Mariana em Minas Gerais

Abstract

Environmental licensing (EL), introduced by the PNMA (National Environmental Policy) is a fundamental instrument to control and limit the use of environmental resources, as it allows to define forms of environmental protection and preservation. The inspection and monitoring of the implementation of this instrument are very important to meet the environmental care provisions included in the Federal Constitution of 1988 and all the infra-constitutional laws that deal with Environmental Law. The present work consists of a descriptive bibliographic review of qualitative data about the current environmental legislation with a focus on the study of EL. This research retrieves the history of environmental legislation in Brazil and indicates the main modalities of EL that are regulated. It presents some experiences of economic activities that are, according to the reports and dissemination of activities, adequate to comply with and regulate actions defined by the EL. It also investigates the specific cases of Mariana (2015) and Brumadinho (2019), in the State of Minas Gerais, two cases of environmental disasters resulting from the rupture of mining waste dams. In both cases, compliance with all LA requirements and the responsibility of those involved is in the process of being verified. In short, bibliographic and documentary research has identified the importance of EL and that strict compliance with EL stages and conditions can be a tool to prevent or minimize environmental damage in activities of environmental risk, especially in ore mining regions. It is also the responsibility of the National Mining Agency to inspect the compliance with specific rules by holders of mining rights. The Agency is also responsible for granting research authorizations, issuing licenses, in addition to managing requirements and carrying out an inspection of active mines or not. The use of different types of dams than those existing in the two mentioned disasters and greater inspection and control in risky environmental activities may allow environmental crimes such as Mariana and Brumadinho to be extinguished.