LICENCIAMENTO AMBIENTAL DE TERMELÉTRICA A CARVÃO E O CONTROLE JURISDICIONAL.

Abstract

The purpose of this dissertation is to verify if the environmental licensing of thermoelectric plants, which use the mineral fuel is, as a rule, a discretionary act practiced by the Executive Branch, however, subject to judicial control. For this purpose, an analysis of coal-fired power plants will be carried out from the standpoint of the judicialization of environmental licensing, so as to elucidate those that are outlined as practices of enterprises that use natural resources as a source of energy, in particular, such as coal-fired thermoelectric plants. In this context, the role of the State arises, as it is the main responsible for the regular activities and activities that develop the economy, while allowing the environment to be promoted, importance of consubstantiating the act of police power, with regard to the protection of the environment. The degree of environmental licensing represents an administrative process, and the administrative rule, with environmental management competency, at the federal, state and municipal levels, is the selection of jurisdictional competencies for managers working in the environmental area, the process of environmental licensing, breaking with a tendency of corrective and individualized actions by adopting a preventive stance in relation to the different sources of natural resources, focusing on the sharing of responsibility for maintaining the balanced environment.