MINERALBUSINESS AND RISKS IN BRAZIL: THE IRRATIONALITY OF ENVIRONMENTAL LICENSING AND RESPONSIBILITY FOR DISASTERS

Abstract

This article seeks to present the problems related to environmental licensing and their influence on increasing numbers of mining caused disasters. On one hand, mining activity is considered essential for economic and technological development, on the other hand, it has a significant potential for causing disasters and exploring nature. Thus, in order to understand the process of appropriation of nature carried out by mining activity and the instruments of control and prevention of disasters instituted by the State, this paper will make use of historical dialectical materialism as a method of interpreting reality, sustained by bibliographic, legislative and documentary research. In a legal analysis, based on the right to an ecologically balanced environment, it is clear that the public authorities can create instruments to prevent disasters from happening, such as previous environmental impact studies and environmental impact reports, which are part of environmental licensing process. It concludes that, in addition to repression, the maintenance of an environmental balance, through preventive actions, is the main means of controlling humans’ actions beyond the economic perspective. However, the ineffectiveness of environmental licensing generates irreparable environmental and social disasters. Therefore, it is essential to create and rearrange preventive and repressive measures, rationalizing their procedures in favor of the common good. Legislation and its enforcement play a key role in preventing other disasters from occurring and, if they do occur, in ensures that their impacts are moderate.

Keywords

• mineração
• sustentabilidade
• eia
• rima
• desastres ambientais.