Banca de QUALIFICAÇÃO: PRISCILA FREIRE DA SILVA

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : PRISCILA FREIRE DA SILVA
DATE: 29/09/2022
TIME: 16:30
LOCAL: Google Meet
TITLE:

ADMINISTRATIVE SILENCE AND THE EFFECTIVENESS OF ENVIRONMENTAL LICENSE WITHIN THE MUNICIPALITY FROM TIBAU DO SUL

KEY WORDS:

environmental licensing, administrative silence, effectiveness, Tibau do Sul, State Public Ministry of Rio Grande do Norte and Federal Public Ministry in Rio Grande do Norte.

 

PAGES: 58
BIG AREA: Outra
AREA: Ciências Ambientais
SUMMARY:

This research aims to analyze, in the socio-environmental normative plan, the effectiveness of the instrument of the National Environmental Policy, environmental licensing, provided for in its Art. 9, IV, by identifying the legal consequences of administrative silence, found by the State Public Ministry (MPE) of Rio Grande do Norte (RN) and the Federal Public Ministry (MPF) in RN. From its judicial and extrajudicial procedures, referring to environmental licensing, of tourist developments in Tibau do Sul, during the period from 2016 to 2020. In this way, the following questions are sought: (1) How the MPF-RN and Do MPE-RN observe the administrative silence in their extrajudicial procedures and judicial proceedings that deal with the environmental licensing of tourist developments in Tibau do Sul, during the period from 2016 to 2020? (2) What are the socio-environmental normative developments that make this identification possible? (3) What are the implications for the effectiveness of the environmental licensing of tourist enterprises in Tibau do Sul, through the identification of cases of administrative silence in the procedures and judicial proceedings of the MPE-RN and MPF-RN? Furthermore, it is clarified that the general methodology used for the whole work is interdisciplinary. To this end, three chapters will be prepared. Thus, the first chapter, which is already part of this research, is a translation work, in which conceptual, socio-environmental and jurisprudential aspects of the Environmental Rule of Law are analyzed; sustainability; environmental public policy; environmental licensing and administrative silence, interrelating these last two institutes. In this way, based on the first chapter, it is concluded that the purpose for which the licensing was created, environmental management, remains compromised, considering that this instrument is immersed in an institutional and normative crisis, which possibly will be enhanced, if the text of the Federal Law Project No. 3,729/2004 that provides for general aspects of environmental licensing is enacted. Finally, it is concluded that this PL subjugates environmental issues to economic and political ones and favors the occurrence of administrative silence, depending on the analysis of the specific case, mainly in the exercise of control and inspection of activities subject to environmental licensing. Therefore, it is based on this translation work and given the results that will be obtained in the second chapter, that is, knowing how the MPF-RN and MPE-RN verify the administrative silence in their procedures and judicial processes that cover the spatial and time of this research, as well as, when identifying the normative developments for that, that the third chapter will be made, in which the implications of administrative silence will be analyzed, in the effectiveness of the environmental licensing of tourist enterprises in Tibau do Sul.

COMMITTEE MEMBERS:
Externa à Instituição - HELENA STELA SAMPAIO - UFC
Externo à Instituição - CARLOS SÉRGIO GURGEL DA SILVA - UERN
Presidente - 1451225 - DANIEL DURANTE PEREIRA ALVES