O governo aberto e suas aplicações ao licenciamento ambiental no Brasil

Abstract

The Environmental Licensing, an instrument of the National Environment Policy, instituted according to Law 6938/81, is one of the main prevention and environmental protection tools present in Brazilian legislation. The licensing process, however, is subject to criticism from legal experts, entrepreneurs and the general public, as it presents serious problems in its execution, such as a large number of normative instruments, insufficient structuring of the licensing institutions, lack of transparency in the taking of actions, lack of approval Of licenses, among others. These problems bureaucratize the functionality of the agencies, which begin to accumulate processes and approve projects with low environmental viability, opening a gap for the degradation of biomes and accidents. The following work has the goal to analyze environmental licensing in Brazil, reviewing the relevant legislation, pointing out frequent problems and seeking solutions in the light of the Open Government concept. Such a denomination applies to governments that seek to bring to their way of managing ways of making all their steps transparent to the eyes of the population. This is due to the availability of government data from the use of tools that facilitate free access. The use of digital technologies is a great aid to this process. Thus, the work consisted of a bibliographical review, with an introduction to the concept of Open Government and its applicability. Then, the environmental licensing is analyzed, in which the pertinent norms are seen, diagnosing problems related to the theme and its consequences. Finally, proposals are made on the issues handled, applying the tools of open governance. It was also tried to analyze examples in the State of Ceará, in order to bring, within the framework of the work, the regional contextualization, to dialogue experiences and propose applicabilities.