Licença por Adesão e Compromisso (LAC): uma análise da legalidade do licenciamento por adesão e compromisso conforme a sua implementação nos estados brasileiros

Abstract

Given the innovations and uncertainties brought about by the incorporation of licensing by adhesion and commitment in several Brazilian states, this work aimed to outline a general overview of the implementation of this modality by state environmental agencies and analyze characteristics possibly tainted with illegalities. Starting from the premise that licensing by adhesion and commitment is implemented differently in each state and that in many cases the administrative practice of environmental agencies does not reflect exactly what is provided for by law, during the preparation of the research it was considered essential to obtain information directly from state environmental agencies. Therefore, the results achieved are based mainly on information provided through the information access channels of environmental agencies, legal and infra-legal standards of a federal and state nature, jurisprudence produced by the Supreme Federal Court and state courts, data published on websites or virtual platforms of public agencies, and in doctrinal sources. At first, the work focused on the study of environmental licensing, aiming to establish a legislative and doctrinal basis on the main rules and principles that surround such an environmental protection instrument. This study was designed with the aim of providing a theoretical framework for the subsequent analysis of the licensing modality through adherence and commitment. In the following chapter, a general overview was drawn about the implementation of licensing by adhesion and commitment in the country, delimiting its characteristics, classification framework in relation to other types of simplified licensing and analyzing the jurisprudential positions regarding it. After attempting to establish a theoretical basis for the study of this new licensing, it followed to the presentation of data on certain rules characteristic of licensing by adhesion and commitment that may vary in each state and which guided the analysis carried out next, which aimed to investigate possible illegalities present in the previously exposed rules. As a result, it was concluded that certain rules used in some Brazilian states in the implementation of the licensing by adhesion and commitment directly contradict CONAMA Resolution nº 237/97, possibly resulting in illegality, as well as principles of administrative law and environmental law, consequently resulting in violations of the Federal Constitution of 1988.