Banca de QUALIFICAÇÃO: ANA CACILDA REZENDE REIS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : ANA CACILDA REZENDE REIS
DATE: 01/06/2023
TIME: 09:00
LOCAL: http://meet.google.com/wuq-susd-zhi
TITLE:

The legality of Emergency Plans for Environmental Disasters

KEY WORDS:

Disasters; Emergency plan; Environmental emergency; Federal Environmental Licensing; Risk management.

PAGES: 80
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direitos Especiais
SUMMARY:

The Federal Constitution of 1988 and the National Environmental Policy establish principles, concepts and
mechanisms with the objective of preserving, improving and recovering the environmental quality
conducive to life – guaranteeing the right to an ecologically balanced environment for present and future
generations. One of the environmental management instruments that enhance the proper management of
socio-biodiversity is environmental licensing – where, among other things, the environmental risks
inherent in each project are evaluated. The environmental risk analysis must include everything from the
diagnosis of the natural resources in the area of influence, the risks inherent in the operation of its activity
to, based on specific and appropriate methodologies, the management measures for the environmental
risks involved - considering the entire Cycle of Civil Defense and Protection, that is, the phases of
prevention, preparation, response and recovery. The entrepreneur is responsible for risk management,
including response procedures, as well as for all the necessary measures to recover the biodiversity
potentially impacted in an eventual accident. Response procedures must be described in Emergency Plans
(EP), which aim to prevent and reduce risks inherent to licensed activities. The multidisciplinary research,
inserted in the field of environmental sciences, analyzes the legality of the PE and its relationship with the
impacts of accidents and environmental disasters registered in the National System of Environmental
Emergencies (SIEMA) – thus inter-relating aspects of the social and natural sciences . In this sense, the
dissertation aims to: a) synthesize the evolution of norms on risk management, focusing on Emergency
Plans, relating legal improvement with relevant environmental accidents and disasters in the world; b)
present the legal provision of the PE in Brazilian legislation, identifying the normative gaps in the context
of environmental risk management of undertakings subject to Federal Environmental Licensing; c)
analyze the database of accidents and environmental disasters recorded in SIEMA, demonstrating the
relevance of the good practice adopted by IBAMA, when requiring emergency plans and related
documents within the scope of the Federal Environmental Licensing (LAF), for all typologies. As a
methodology, a bibliographical review was used in scientific articles, legislation and administrative
decisions. The research results show that, despite the Brazilian regulatory system providing for a
systematized environmental protectionism, there are legislative gaps regarding the enforceability of the SP
for the various typologies subject to the LAF. It is concluded that this omission in the legislation needs to
be filled to substantiate a safe and comprehensive legislation, which contributes to the improvement of
risk management in environmental disasters, thus providing minimum elements for environmental
protectionism within the various factual possibilities. In this sense, a concrete proposal for a Resolution is
presented at the end to the National Council for the Environment (CONAMA) that regulates the
obligation of Emergency Plans in the context of the LAF, for consideration by IBAMA.

COMMITTEE MEMBERS:
Presidente - 1556362 - ROBERTO MUHAJIR RAHNEMAY RABBANI
Interna - 2255983 - CATARINA DA ROCHA MARCOLIN
Externo à Instituição - JULIO CESAR DE SÁ DA ROCHA
Externa à Instituição - FERNANDA DALLA LIBERA DAMACENA