Licenciamento ambiental e celeridade, estudo de caso: UHE cachoeira caldeirão, Ferreira Gomes, Amapá

Abstract

Understand and interpret the speed applied in the environmental licensing in hydroelectric projects. The present research has as objective to analyze the celerity in the previous environmental licensing of the Cachoeira Caldeirão Hydroelectric Power Plant, Ferreira Gomes, Amapá. The development of this research is justified by the generation of knowledge about the understanding of the dynamics of time demanded by the environmental licensing of the case study and articulation of concepts related to the legal sciences, administrative sciences and environmental sciences, to the point of promoting subsidies to the public service and the academic community to leverage improvements around the time of environmental licensing process in the state of Amapá. The procedures adopted to carry out the research consist of collecting data from the licensing of the Cachoeira Caldeirão Hydroelectric Power Plant, made available on a digital medium by the Institute of Environment and Territorial Planning of Amapá (IMAP), using as a parameter of analysis: (i) the classification of fixed term and non-fixed term, (ii) the CONAMA Resolution No. 237/1997 and (iii) the concept of the principle of the reasonable duration of the process (procedural celerity). The results confirm the initial hypothesis that the environmental licensing of the Cachoeira Caldeirão HPP was not rapid, in a way, it was observed that the absence of celerity is connected to two factors: (i) the absence of orientation internal distribution of the time of application of each procedure in the pre-presentation period of EIA/RIMA, and (ii) the out of date art. 14 of CONAMA Resolution No. 237/1997