Detalhes bibliográficos
| Ano de defesa: |
2008 |
| Autor(a) principal: |
Porto, Rafaela Granja
 |
| Orientador(a): |
Fessel, Regina Vera Villas Bôas |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
BR
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/8356
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Resumo: |
This project intends to analyze the Environmental Impact Assessment and Environmental Impact Report - EIA / RIMA, as well as the Neighborhood Impact Assessment - EIV (provided for in Article 36 of the Federal Law no. 10.257/2001), as applied to the implementation of enterprises and activities in urban area. The main objective of this study is to verify how the EIV could be better used in order to make it possible to offer the inhabitants of Brazilian cities more quality of life (sustainable cities). To achieve this goal, this work will be based on the analysis of the above instruments and the provisions of Article 38 of the Statute of the City, according to which "The development of EIV does not replace the elaboration and approval of prior Environmental Impact Assessment (EIA), required by environmental legislation . In order to encourage the proposed debate, this work will approach some key issues, such as: the socio-environmental function of property; the concept of environmental impact; the concept of sustainable city, sustainable development and quality of life in cities; the principle of human dignity; and the postulate of reasonability and of proportionality, among other questions considered fundamental for better understanding the central theme of this research. With this intent, this project will examine the main indoctrinators, as well as the existing case law on each issue. The central issue will be developed based on the contextualization of environmental protection before and after the 1988 Constitution, the legislation below. Then the instruments in focus and their characteristics, similarities, and differences will be analyzed, as well as how they fit into the context in point. A few historical references about the origins of cities, particularly in Brazil and Latin America, and eventually the old cities, will be reported, in order to foster the main proposed discussion |
