Análise dos procedimentos de triagem e escopo no licenciamento ambiental no âmbito federal e no estado de Minas Gerais

Abstract

The Environmental Impact Assessment (EIA) is a tool applied to assist in the decision-making on the approval of projects and developments likely to cause significant environmental impacts. In Brazil, the EIA was formalized as an instrument of the National Environmental Policy (NEP) and became a compulsory tool of the environmental licensing process. Despite extensive legal aspects related to the topic, questions about the EIA effectiveness have influenced the conduct of researches that analyzed the EIA practices and procedures in many countries. The overall objective of this study is to analyze the procedures of screening and scoping steps, on environmental licensing process, adopted by IBAMA, at the federal level, and by SEMAD-MG, in the state of Minas Gerais. The choice by the two licensing agencies was due, in part, to the interest of comparing the practices and procedures adopted by the licensing agencies, due to differences in the volume and complexity of the licensing process conducted by both. Data for the research were collected through consultations with relevant websites and legislation and technical meeting with representatives of both licensing agencies to complement and validate the information. To conduct the study, analysis criteria of EIA procedures were selected, focusing on screening and scoping steps, and SWOT analysis matrices were prepared in order to identify the strengths and weaknesses, opportunities and threats to the EIA system. As part of the results, differences between the two agencies were identified in the practices adopted in the screening and scoping steps, as the existence of systematic screening methodology and standard Terms of Reference (TR) in SEMAD-MG, while IBAMA conducts screening step through case by case analysis and provides, in some cases, the possibility to entrepreneurs prepare a proposal for TR, that will be validated by the agency. In both agencies, it was found that the screening step is important for the definition of environmental studies and, in the case of SEMAD-MG, the screening step is crucial for defining the EIA contours and environmental regularization mode. It was considered that the differences between the two agencies, identified in the practices and procedures, may be related to the volume of environmental licensing processes conducted and complexity of the projects, which also features diversity. It was concluded that the screening and scoping steps are decisive for the proper conduct of the environmental licensing process, because, based on the early stages, is set the necessary complexity of the EIA and environmental studies, which are responsible for providing the information that will subsidize the evaluation of the potential of significant environmental damage be caused, and that assist in decision-making on environmental license.