LICENCIAMENTO AMBIENTAL E COMPENSAÇÃO AMBIENTAL: APLICAÇÃO NA INDÚTRIA DO PETRÓLEO NO BRASIL

• Ano de defesa: 2005
• Autor(a) principal: Molina, Adriana de Oliveira Varella
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Programa de Pós-graduação em Sistemas de Gestão; Segurança do Trabalho, Meio-ambiente, Gestão pela Qualidade Total
• Palavras-chave em Português: Licenciamento Ambiental; Licenciamento da Atividade de Petróleo; Compensação Ambiental; Gestão Ambiental Pública; Privada da Atividade de Petróleo; Environmental licensing; Petroleum Activity Licensing; Environmental Compensation; Public and Private Environmental Management; Petroleum Industry; CNPQ::ENGENHARIAS::ENGENHARIA DE PRODUCAO
• Link de acesso: https://app.uff.br/riuff/handle/1/21151

The purpose of this dissertation is to introduce a critical analysis of environmental licensing procedures in the petroleum industry, especially in the offshore area of Exploration and Production segment (E&P), accomplished on federal level, and also the problem introduced into the scope of such procedures by the environmental compensation, created by article 36 of the Law 9985/00. This analysis was based on the development environmental licensing procedures since the publication of Federal Law 9985/00. Some of the main problems related to the environmental compensation, created by article 36 Law 9985/00, required in the environmental licensing scope are introduced and discussed in this dissertation, as well as proposals are put forward of possible solutions to those issues. Considering conceptual and operational aspects that involve the environmental licensing in Brazil, as a fundamental instrument of public and private environmental management, included in the article 9th of the Environment National Politics Law ENPL - Law 6.938/ 81, it was described its respective procedure on federal level; the competence conflicts to licentiate; the different kinds of environmental licenses; their dead-lines etc; having been given emphasis on environmental licensing procedure in offshore area of Exploration and Production segment (E&P) of petroleum, accomplished on federal level, although reference has been done, even superficial, to the environmental licensing procedure onshore. It was described previous attempts of introducing the referred environmental compensation and the historic process, that resulted in the Law 9985/00. Regarding the environmental compensation, it was studied, in full detail, the legal device that created such requirement, as well as the regulation of the Law, and also it was pointed out the difficulties and problems that started to appear in the environmental licensing procedures due to the introduction of this new rule, without proper regulation, which has been generating legal instability not only for managers in the public sector but especially in the private. These difficulties and problems need solution with the only goal of the petroleum industry sustainability.