Diagnóstico ambiental da área de influência do complexo sucroalcooleiro Usina Vale do São Simão Ltda

One of the most widespread renewable energy sources in Brazil is ethanol, from sugarcane, therefore, the sugar and alcohol sector is expanding, with positive impacts for the economy of the country. Sugar cane was introduced in Brazil as a crop during its colonization, for the production of sugar, and put the country in the global scenario. The expansion of this crop occurred in the seventies, to reduce the reliance in fossil energy sources and to stimulate the development of the agricultural activity. Thus, the federal government has promoted the sugar cane crop and the production of ethanol as a fuel. However, it is important to minimize possible impacts that the crop may cause to the environment. Sugar cane has expanded in the frontiers of the mesoregion of Triângulo Mineiro and Alto Paranaíba-MG, and, in this perspective, the agroindustrial complex known as Companhia Energética Vale do São Simão Ltda., with the Mill located in the county of Santa Vitória, Minas Gerais, was adopted to evaluate the environmental impacts caused by the sugarcane in the area of influence of the mill. The mill has a polygonal area corresponding to 53,525.20 hectares, and for its establishment a Study and Report of Environmental Impacts (EIA/RIMA) was presented, as required as an environment protection instrument by the Environment National Policy (Law nº 6.938/81), and detailed by the Resolution CONAMA nº 01/1986. These studies pointed that native vegetation fragments in the Area of Influence of the Mill, before its implantation, corresponded to approximately 20.7% of the area. Therefore, this study evaluated the impacts of the installation of Usina Vale do São Simão, between 2007 and 2012, determining its reflex on the environmental regularization of the farms, and the vegetation fragments existing in the area, in the recovery and recomposition of areas defined as Legal Reserve and Permanent Preservation. Previous studies of the area were analyzed, soil use and occupation was mapped for the years 2007 and 2012, and the areas of permanent preservation and native vegetation fragments were marked. In general, there was a decline in native vegetation coverage in the period, although it cannot be stated that such reduction was a direct effect of the milling activity. Therefore, the legal requirement of preserving such areas was not capable of bringing the positive effects of protection and recovery as demanded by the Law, highlighting that the current legislation was not enough to protect such areas.

O Supremo Tribunal Federal como agente tecnocrático no exercício da jurisdição constitucional na solução de casos complexos : análise das ações diretas de inconstitucionalidade nº 3937/SP e nº 3357/RS

Many changes have taken place in contemporary society causing impacts in its different sectors, making it much more complex and insecure than in past times. The alteration on the decision-making system of the Brazilian society is among the main changes today. The post-modern context contributed to the occurrence of the transfer of state power of the Legislative and Executive Powers to the Judiciary Power, specifically to the Federal Court of Justice, leading to an expansion on the actuation range of this institution mainly through the exercise of the constitutional jurisdiction. This has caused a crisis of legitimacy in society once the Court will now decide the political and social fundamental issues. In this scenario, the Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS are highlighted and both are being tried by the Supreme Court. Such emphasis is given, since it is a matter of high complexity and social repercussion that will be decided by a legal institution and not a political one. Thus, this work aims to analyze the role of the Supreme Court in the context of contemporary society on the trial of complex and controversial cases, particularly on the trial of Direct Action of Unconstitutionality n° 3937/SP and n° 3357/RS. This study has noticed that due to the post-modern context the majority of the Supreme Court Ministers tend to base their votes in constitutional principles and no longer limit themselves to a formal review of the constitutionality of laws, which indicates a substantialist approach. Moreover, it can be noticed the deliberative potential of the Court as well as the influence of the post-modern features, such as risk, uncertainty and insecurity on the elaboration of the Minister‟s votes. Therefore, sometimes, such as the case in study, the Supreme Court has acted as a technocratic agent in Brazilian society once fundamental political and social decisions for society especially when it comes to complex and controversial cases are being taken by the Supreme Court, which is composed by “Law technicians” and such decisions are mainly based in technical data and scientific studies. For the accomplishment of this work, it has been adopted the inductive approach and monographic procedure method and the bibliographical and documentary research technique.

A busca por uma política nacional dos biocombustíveis como tutela do direito fundamental ao meio ambiente : acautelamento e avaliação de riscos

The work is to demonstrate the scope of modern-day major regulatory provisions and the policies implemented to adoption of biofuels in the national energy matrix. The adoption of biofuels as an alternative to fossil fuels, is based on the realization of the fundamental right to an ecologically balanced environment mitigating hazards and environmental hazards arising from a postmodern society. However, the change in the Brazilian energy matrix observe the precepts of certain environmental principles to essentially environmental preservation The proposed Environmental rule of law is founded on the realization of the right (duty) key to an ecologically balanced environment for sustainable development. Thus, it is up to the State, in addition to considering the dangers and risks fruits of government decisions, present the possible instruments to mitigate the irreversible environmental damage to the environment. The management of environmental risks present in the ideals of an Environmental rule of law, plays an important role in the preservation and economic development, using, therefore, of acautelatórios legal instruments, such as environmental licensing and the ecological-economic zoning, measures adopted in the light of the principles of precaution and preservation. The adoption of research in the environmental field, improvement and development of environmental technology, building a system to observe ecological changes, imposition of environmental policy objectives to be achieved in the medium and long term and systematization of organizations plan a protection policy environmental, are essential measures to control possible environmental risks and damage guided by the aforementioned environmental principles. Thus, it will be used the inductive method of approach, starting from the analysis of the new perspective of Environmental rule of law and the implementation of biofuels in the context of a post-modern society, marked by uncertainty and the risk of damage, from the study of the principles of caution, maintaining and cautionary measures in mitigating the hazards and potential risks.

Restrição externa, dependência estrutural de commodities primárias e o investimento direto externo no Brasil

As the beginning of the discussion about the reprimarization process of the Brazilian exportations, or about a deindustrialization process of the country foreign sales, this study purpose that the discussion, actually, should be about the existence of the commodities structural dependence as a way to face the foreign restrictions. Therefore the intention is to show that, historically, the way that the Brazilian economy has crossed for its development depends of the foreign capital, mainly in its way of Foreign Direct Investment (FDI), and in the balance generated by the primary products, which make us try to understand the impact of this capital for the equilibrium of the Brazilian Payment Balance and also for the economy. These points were discussed not only based on the Brazilian classic writers as Francisco Oliveira, Caio Prado Jr. and Celso Furtado, but also using the newest studies which contributes to point the causes and consequences of the external capital dependence in the actual scenario. The conclusions acquired in the end of the study, indicates the fact that the Brazilian specialization in products of low aggregated value is not recent. Brazil is, historically, a competitive country in primary products. At the same time, the country importation always was a pressure factor of the National Payments Balance, being composed by products with more aggregated value. According to some authors, this characteristic of the Brazilian Economy will be surpassed with the economic opening process, which will attract external capital making possible the modernization of the Brazilian productive sector. Therefore, we can claim that the FDI, in the way it has been inserted in the country, does not offer the opportunity to get out of the commodities dependence, as generators of the payment balances, because the country international competitive standard didn t get any important changes, keeping itself out of the step related to the global standard which has been intensified in products with more aggregated value. The changes in the national insertion standard directed to more technological products is really important to surpass the historical scenario of commodities dependence, making the country less vulnerable to external crisis.