Licenciamento ambiental no Brasil e o caso do viaduto Reitor Antônio Martins Filho

Abstract

The Environmental Licensing process is of utmost importance for preservation in the environment. However, there are numerous cases in which such a procedure is circumvented, negatively affecting the entire ecosystem involved. The objective of this work is to present the concept of Environmental Licensing in Brazil, as well as the case of the Reitor Antônio Martins Filho Viaduct, which had its work executed even in the absence of an Environmental Impact Study, pre-emptive for construction in a mangrove area, and large-scale demonstrations by the population in the city of Fortaleza-Ce, the site of the highway construction. In addition to the already described, the work presents some reclaimed viaducts in a sustainable way around the world, proving the retrocession of construction in the capital of Ceará, which invaded the State Park of Cocó and is inside an urban center. For the preparation of this work, the Federal Constitution and various laws of all federative entities have been consulted numerous times. Visits were made to the Municipal Department of Urbanism and Environment of Fortaleza, to the State Superintendence of the Environment of the state of Ceará and to the 6th Federal Court of Ceará, in order to obtain documents that would allow the preparation of this study. It was verified that the project was indeed irregular, considering that the Environmental Impact Study was not presented by the Municipality of Fortaleza, even in the face of the preparation of the Public Civil Action process and the general indignation of the population, which manifested itself in several forms against the construction of an undertaking that invaded an area as sensitive as a mangrove, even though there are other more sustainable alternatives that would allow a better flow of traffic and less environmental devastation.