CEBDS argues that environmental licensing plays a crucial role in making undertakings viable. For companies, this process is a very important opportunity to incorporate all the care and measures necessary in the socio-environmental dimension, which allow them to strengthen relationships with communities, comply with legal precepts, and often contribute to adherence to the guidelines of organizations or sector entities at the global level, allowing access to financing and certifications that constitute an important differential for access to markets.
By focusing on the simplification of environmental licenses, and not on the improvement and objectivity of the process, the bill that amends the Environmental Licensing, PL 3,729/2004, does not reach the proposed objective of bringing greater efficiency and rationality to the licensing process. The expected result, therefore, will bring greater risks to the environment and to companies.
Although it brings positive points, such as encouraging computerization and information management, the most significant changes, such as waiver of licensing for a large number of cases and the lack of definition of the list of activities subject to licensing, point to a scenario of legal uncertainty that will not contribute to the speed of the process and to its reduction in bureaucracy, going against the grain of environmental protection and the so desired rationality of the licensing process. As a consequence, we may have greater judicialization on the part of the Public Prosecutor's Office and even on the part of companies, which will be able to challenge requirements and conditions imposed at their discretion by environmental agencies, in addition to actions that may be filed questioning the constitutionality of the norm.
For CEBDS, the preparation of a general law that defines national guidelines on environmental licensing should: (i) establish clear norms that guide the environmental licensing process in all entities of the federation; (ii) establish measures that facilitate dialogue between the business sector, society and the bodies involved in environmental licensing; (iii) speed up licensing processes; (iv) safeguard the constitutional principles, the National Environmental Policy, the International Treaties and other national legislation in force, enabling the country's economic growth in line with the protection of the environment and traditional populations.
In addition to the licensing law, which is necessary and must be improved to achieve its objectives, the debate on improvements in process management must continue to be prioritized. In recent publication CEBDS makes contributions to this debate by suggesting ways to improve environmental licensing, with gains in efficiency and predictability.
A well-conceived environmental policy brings significant benefits for the conservation of the environment and for society, in addition to helping to reduce business costs, generate employment and economic benefits for the country.
CEBDS reinforces its environmental and social commitments and is open to debate and willing to contribute to the improvement of the environmental licensing management process, which must be quick, but above all ensure the protection of the ecologically balanced environment, which is essential to a healthy quality of life. for use by the entire community.
