Banca de DEFESA: ANA CACILDA REZENDE REIS

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : ANA CACILDA REZENDE REIS
DATE: 16/02/2024
TIME: 09:00
LOCAL: https://meet.google.com/xrq-nnfc-qwj
TITLE:

THE REQUIREMENT OF THE EMERGENCY PLAN AS AN ENHANCEMENT OF SUSTAINABILITY IN FEDERAL ENVIRONMENTAL LICENSING

KEY WORDS:

Emergency, environmental management, monitoring, risks, SISNAMA.

PAGES: 120
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direitos Especiais
SUMMARY:

The research demonstrates the historical evolution of normative instruments related to
environmental disasters suffered by humanity, since the 1970s, understanding the need to
implement Emergency Plans as a mandatory mechanism in environmental licensing, to
optimize the management of environmental risks adopted by the Brazilian Institute of the
Environment and Renewable Natural Resources (IBAMA) and, consequently, promote better
environmental protection of economic activities. Environmental licensing is considered a
relevant legal instrument for socio-environmental protection, the proper functioning of which
presupposes the adoption of mechanisms committed to present and future generations, in
addition to constituting a regulatory instrument for the socio-environmental relations
involved. The objective of the research is to understand and present ways to strengthen
SISNAMA's response capacity in environmental emergencies, with the legal requirement of
an Emergency Plan capable of limiting and mitigating environmental damage resulting from
these events, thus contributing to sustainable societies. The methodology was based on a
theoretical-normative review and documentary analysis based on institutional praxis. The
bibliographical research was carried out on different scientific bases, with the results mostly
dating from 2014. The documentary research used as main sources the terms of reference
issued by IBAMA, in addition to laws, decrees, normative instructions and other regulations
related to Plans. of emergency. CONAMA Resolution No. 398/2008 regulates the
enforceability of the instrument for installations linked to the petrochemical sector. The
legislation on dams establishes their obligation, but is silent regarding their requirement in
environmental licensing – as well as other related standards. The results demonstrated that
accidents with potential environmental impacts occur in different types subject to Federal
Environmental Licensing (LAF); point to the existence of specific legal requirements related
to Emergency Plans only in some types subject to the LAF; and demonstrate the existence of a
legislative gap to be filled, in Brazil, by regulation that makes it a mandatory mechanism in
the LAF, aiming to optimize the management of environmental risks. It is concluded that, by
weighing the legislative gap proven in the research with IBAMA's good practice regarding
environmental risk management, it is necessary to regulate the enforceability of the
Emergency Plan, through a normative instrument that is applicable to all the typologies that
involve environmental risk, in the context of the global risk society.

COMMITTEE MEMBERS:
Interna - 1148011 - ALESSANDRA BUONAVOGLIA COSTA PINTO
Interna - 1955705 - GABRIELA NAREZI
Interno - 1041340 - LEONARDO EVANGELISTA MORAES
Externo à Instituição - TALDEN QUEIROZ FARIAS - UFPB
Externo à Instituição - JULIO CESAR DE SÁ DA ROCHA - UFBA