Regulação ambiental e liberdade econômica: inovações e retrocessos no licenciamento ambiental à luz da Lei no 13.874/19

Abstract

This article focuses on the criticism of the current Brazilian regulatory situation regarding economic activities that pose a risk to the environment, taking into account the scenario of dismantling environmental agencies, regulatory conflicts and the scrapping of expenses in their respective control system. In this regard, the research analyzes whether environmental licensing, as a public act of release of such activities, is subject to the dictate of the article 3, caput, items I and IX, of the Economic Freedom Law, by providing for the tacit granting of requests by the entrepreneur for the expiry of the term, with a view to protecting those rights. Seeking to answer this question, the premise is supported that the tacit authorization, if brought to the sphere of the licensing institute, is unconstitutional, given the violation rights constitutional, in addition to generating antinomy of norms. As the methodology used, the research is bibliographical, qualitative and interdisciplinary in nature. And as a theoretical framework used are the ideas supported by Gilberto Bercovici, who believes that Law no. 13.874/19 is unnecessary and unconstitutional.