Avaliacao da deliberação normativa 217/2017 do Conselho Estadual de Política Ambiental de Minas Gerais
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With the entry into force of Law nº 6.938/81 which provides for the National Environmental Policy, the Environmental Licensing was instituted and this is essential for environmental control. With the advent of the Federal Constitution of 1988, the right to a balanced environment has become a fundamental right of all citizens, where they must provide quality of life, safety, health and the safety of maintaining environmental resources to enjoy the current and future generations. In 1990 Decree nº 99.274/1990 was published in his art. 7, §1º, which established the competence of the National Environmental Council - CONAMA, which is the competent body to establish the basic criteria according to which environmental impact studies are required to obtain the licenses related to the Environmental Licensing. In the State of Minas Gerais, environmental licensing procedures are analyzed by the State Council for Environmental Policy - COPAM, which is a member of the State Secretariat of Environment - SEMAD. In 2004, it entered into force in the State of Minas Gerais, DN 74/2004, being the main order that dealt with Environmental Licenses in the State, but since its publication, such deliberation had been criticized by various sectors, which they requested changes to it so that there was greater agility, security, less bureaucracy and the adequacy of licensing requirements to the location of the enterprise, among others. Such criticism was accentuated after the breach of ore tailings dams in the city of Mariana, which caused a great tragedy. At the end of 2017, COPAM published DN 217/2017, which came into force in March 2018 revoking DN 74/2004. This DN brought major changes and innovations in the environmental licensing processes of polluting or potentially polluting ventures / activities in the State of Minas Gerais, such as changes in the qualification and framing of the ventures, adoption of the location criterion, alteration of the licensing types, was created. the LAS/Cadastro modality, made through the internet; It also changed the indexes that delimited the size of the projects, which reflected directly in the conjugation matrix. Given the entry into force of the new DN, this study aims to ascertain the benefits and points that need improvement, aiming at safeguarding the rights of citizens and the environment. For this purpose we use Categorical Thematic content analysis to verify the changes arising from the new standard and the application of questionnaires in the Survey methodology to verify if in practice the change brought improvements and which points should be improved, such questionnaires were applied to various sectors of society with knowledge on the subject. It was found through research that not all objectives of the standard were achieved as expected, and there should be improvements aimed at safeguarding citizens' rights and environmental preservation.
