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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Universidade Federal de Goiás
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.
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.