PROPOSAL FOR A GENERAL ENVIRONMENTAL LICENSING LAW: SIMPLIFICATION OR DISMANTLING OF ADMINISTRATIVE CONTROLS?

Abstract

This research addresses the proposed General Law on Environmental Licensing, critically analyzing Bill No. 2,159/2021 according to Brazilian constitutional environmental principles. The objective is to assess how the new regulatory framework may positively or negatively impact environmental protection in Brazil. To this end, the study adopts a legal-exploratory approach, conducting a qualitative analysis based on the examination of various documents throughout the research. Initially, the study contextualizes the environmental licensing system in Brazil, highlighting its origin, relevance, and normative structure. It then examines key aspects of Bill 2,159/2021, the introduction of the License by Adhesion and Commitment (LAC), and the restrictions on public participation. The research concludes that, although the bill is primarily based on the premise of simplifying and standardizing the environmental licensing process, it presents significant weaknesses that could constitute a setback in environmental protection. The study emphasizes the importance of strengthening the licensing mechanism, aligning it with constitutional principles and legal certainty, in order to reorient the legislation toward promoting social justice, economic viability, and sustainable development, based on technical criteria and the prudent implementation of eventual changes.