Licenciamento ambiental de empreendimentos minerários de grande porte no estado de Goiás na perspectiva de proteção dos direitos humanos: um diagnóstico da experiência goiana de regulação dos impactos socioambientais nos processos de licenciamento
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2019-04-18
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Universidade Federal de Goiás
Resumo
This research aims at analyzing the environmental licensing practices on large mining
enterprises developed in the state of Goiás, based on a sample of licensed projects covered in
the period 2003-2018. It critically analyzed the following priority dimensions: transparency;
social participation; and potential degree of protection of established conditioners. This
dissertation, acting in a border area between Law, Social Sciences and public policies, adopts
a cone-shaped research, initially exploring theoretical questions about environmental
licensing, including a comparative perspective, and culminating in the evaluation of the
environmental licensing of large mining activities in Goiás. The work justifies itself by the lack
of scientific productions about environmental licensing of mining activities in Goiás, the third
largest mineral producer in the country. The methodological approach adopted transits
between an exploratory perspective and a hypothetical-deductive proposal. Procedural
methods, however, include bibliographic research, documentary analysis of the licensing
processes and responses offered to information requests, and conducting in-depth interviews
with an intentional sample of a representative of the licensing body, members of the State
Public Prosecutor's Office and members of the civil society participating in the environmental
licensing hearings; adopting all of these efforts and research strategies considering the
selected sample of environmental licensing as case studies. Among the initial results, it was
verified that the licensing should not be restricted to the impacts to the strict sense
environment, once social (socio-cultural and economic) impacts generated need to be taken
into consideration as well. This is due to the environmental licensing regulatory model of
Brazil, which, despite its name, is the only organized instrument to measure social impacts
that the public power can adopt to regulate large enterprises in the country. The research
progress demonstrated the existence of a permanent risk of public hearings and other
instruments of social participation becoming a simulacrum. The analysis of large mining
projects specificities resulted in the notion that Goiás does not adopt objective criteria to
classify enterprises according to its size. The documentary analysis and interviews, based on
the theoretical construction carried out on environmental licensing in general and on
environmental licensing of large mining activities, assessed qualitatively the active and
passive transparency of the State of Goiás, as well as the social participation in public
hearings and the protective potential of the conditions established in the environmentallicensing. Therefore, the work obtained as main results the verification of relevant problems
indicators regarding the active and passive transparency about the selected processes, a
generally pro forma fulfillment of social participation requirements, in which instruments such
as public hearings have in practice little weight on the decision making process of
environmental licensing, which translates as a low relevance of social participation in the
formation of socio-environmental conditioner of the projects; in relation to these, the
dissertation verified a preponderance of conditioners related to the physical and biotic factors,
to the detriment of the economic and socio-cultural impacts, as well as systemic failures in
monitoring and compliance of the conditioners adopted.
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Citação
OLIVEIRA E SILVA, Tiago Ducatti. Licenciamento ambiental de empreendimentos minerários de grande porte no estado de Goiás na perspectiva de proteção dos direitos humanos: um diagnóstico da experiência goiana de regulação dos impactos socioambientais nos processos de licenciamento. 2019. 224 f. Dissertação (Mestrado em Direitos Humanos) - Universidade Federal de Goiás, Goiânia, 2019.