THE IMPORTANCE OF ENVIRONMENTAL LICENSING FOR POTENTIALLY POLLUTING ACTIVITIES

Abstract

This study analyzes the effectiveness of environmental licensing as a key regulatory instrument for mitigating environmental impacts and preventing ecological disasters, in light of Brazil’s current context. The research adopts a qualitative, bibliographic approach with a deductive methodology, and critically examines all stages of the licensing process — from the initial application to the issuance of licenses, including the required reports and studies at each phase. It also assesses associated costs, license validity periods, the types of projects covered, and specific parameters for the Operating License. The findings reveal consistent concerns among environmental agencies, experts, scholars, and the Public Prosecutor’s Office regarding the risks posed by recent regulatory flexibilizations. Such changes may lead to increased legal uncertainty and potentially counterproductive effects, including a decline in the country's attractiveness to investors.