Análise de impacto regulatório no direito ambiental : limites e possibilidades

A regulação ambiental carece de maior transparência. Os órgãos de proteção do meio ambiente, em regra, apenas publicam as versões finais das medidas elaboradas, sem explicitar as justificativas técnicas que as embasaram, as alternativas consideradas e as possíveis contribuições decorrentes de participação social, entre outras questões. Em consequência, tem-se um cenário desfavorável à realização de controle pelos mais diversos atores. Para superá-lo, a análise de impacto regulatório é apresentada como instrumento apto a agregar clareza, objetividade e eficiência ao processo decisório ambiental. A incorporação da ferramenta, no entanto, deve ser realizada com cuidado especial, tendo em vista a existência de três principais peculiaridades do direito do meio ambiente. Primeiro, o setor lida não só com situações de risco, mas também com casos de incerteza, em que a ausência de informação impossibilita o cálculo de probabilidade de ocorrência de possíveis resultados. Em segundo lugar, a regulação ambiental recai sobre bens não transacionados em mercados, o que dificulta a obtenção de seu valor de troca, aspecto relevante para a análise de custo-benefício como tradicionalmente conhecida. Por fim, o meio ambiente apresenta desenho regulatório absolutamente fragmentado, composto por variados órgãos normatizadores, deliberativos e fiscalizadores em todos os níveis da federação, o que eleva o risco de deficiências na formação técnica das autoridades reguladoras.

Compartimentação fisiográfica para análise ambiental do potencial erosivo a partir das propriedades da rede de drenagem

O presente trabalho teve como objetivo compartimentar a sub-bacia do Baixo Rio Piracicaba - SP, em unidades homogêneas quanto à potencialidade à erosão visando a subsidiar o gerenciamento ambiental. A importância desta pesquisa concentra-se no intenso desenvolvimento dos processos erosivos na área em foco e na sua importância socioeconômica em níveis estadual e nacional. O procedimento adotado para atingir o objetivo foi a análise da rede de drenagem e dos lineamentos obtidos pelas imagens TM/Landsat-5. O resultado obtido foi a divisão da área em quatro compartimentos quanto à potencialidade à erosão: muito alta, alta, média e baixa. Concluiu-se que a área estudada é heterogênea, com regiões sujeitas a diferentes intensidades de processos erosivos e que a sistemática adotada se mostrou eficiente para caracterizar as compartimentações fisiográficas da potencialidade erosiva, e essas compartimentações podem e devem ser utilizadas como ponto de partida para estudos ambientais e de utilização do território, em consonância com o desenvolvimento sustentável.

Federalismo cooperativo e o exercício da competência administrativa ambiental

This paper aims to discuss the conflicts of competence in environmental matters, as well as the legitimacy of the normative acts in the exercise of jurisdiction effected environmental management. For this work, addresses the issue of federalism, North American (dual) and German (cooperative), deepening its historical and theoretical fundamentals, as well as the influences on the evolution of the ideological matrix of Brazilian federalism. Distinguishes itself around the problem the theoretical and abstract discussion involving the constitutional division of powers, and the issue of his relationship with the vicissitudes in the embracement of environmental matters that invariably leads to mistakes in the exercise of jurisdiction environmental management. Its highlight the existence of a framework environmental law, embodying the principles themselves as well as a specific object of authority, which qualifies a different interpretation of the rules of constitutional powers as well as influencing the acting agent of government in managing the public good environment. The study represents an exploratory research as it investigates the depths of the institutes are in evidence not only with satisfying its practical outcome. For this to happen, explores bibliographical sources and identified by the science of law as more important, as the search for social-political boundary which takes the issue studied in their historical and contextual materiality, whose study is essential for a complete understanding of the topic . The dialectic that arguments have been constructed throughout the monograph, attempts to pass a critical way to expose the author's ideas, which considers as essential in the arrival of new questions

O licenciamento ambiental pelos municípios: uma análise sobre o federalismo cooperativo adotado pela Constituição Federal

In complex federal systems as that found in Brazil, which provides simultaneous attributions to of the Union, States and Cities in many aspects, the definition of performance limits of each of these entities, in procedural or material aspect, generates many (positive and/or negative) competence conflicts, bringing insecurity to general administered. Environmental licensing is one of the most important instruments of environmental management, seeking the realization of the fundamental right to an ecologically balanced and sustainable development. Despite its importance, the environmental licensing has not been more effective due the conflict related to the authority to regulate regardind environmental law. This essay will analyze the structure of competence distribution for conducting the environmental licensing processes, the conflict between laws, the performance of the municipal environmental agencies, the cooperation between the licensing agencies and the future about the additional regulatory law of article 23 of Federal Constitution

Gestão ambiental na saúde pública: um estudo sobre a percepção ambiental de gerenciamento de resíduos sólidos de serviços de saúde, dos servidores do Hospital Universitário Onofre Lopes do Rio Grande do Norte

This research has aimed at studying the perception of University Hospital Onofre Lopes (HUOL) s workers on the environmental management plan of RSSS. They have been interviewed 250 workers: doctors, nurses, nursing assistants, and cleaners. It was used an exploratory and descriptive research of the type Survey, which aims at obtaining of data or information on characteristics, actions or opinions of any group of people. The questions of the questionnaire were of the kind objective", formulated in a model "scale", analyzed in according to the positioning of the interviewee. The wastes of health service have high potential for environmental impact in the activities from HUOL. Actions or environmental protective policy can improve the image of HUOL. They have been detected divergences on the rigor in application of law of ANVISA. The HUOL s workers unaware of the law of ANVISA and they have little or no knowledge about the practices of environmental control, public health and, they do not know the Environmental Management System ISO 14001. They have divergent views on the degree of importance of ISO 14001. There is not a Waste Management Plan for Health Service and / or is not disclosed for most of HUOL workers. It has not carried out audits or defined the goals and objectives. Besides, it has not been identified legal requirements, and there has not been communication about the service is performed or has been made a critical analysis and no control of documents the environmental management plan. The HUOL have not had a committee of environmental management. The direction of HUOL has not been organized courses, training and recycling of waste on environmental control of the health service. On a scale from 01 to 05, the level of aware level concerning to the waste management from health services of the workers, so is at the threshold between 01 and 02. For the reversal of this situation, the first and urgent step is the creation and institutionalization the environmental management committee of the University Hospital Onofre Lopes

A Produção mais Limpa como ferramenta em busca da sustentabilidade empresarial: um estudo de múltiplos casos em empresas do Estado do Rio Grande do Norte

This study aimed to assess the Cleaner Production CP as corporate sustainable tool, through the multiple case studies within companies from Rio Grande do Norte State. In order to achieve this goal a research methodology approach was set. The initial stage of the research methodology was based on a literature review on which it was observed that the CP can be linked with corporate sustainable once it prevents pollution and reduces the operational risks among employees, community and environment. In addition, CP can useful for companies position within competitive position as well as being applied to process, products and services. In order to observe these factors, CP was used within food industry (Company 1), textile industry (Company 2) and in a car dealer (Company 3). Regarding the results, Company 1 changed its raw material as well as implementing housekeeping (control use of water, energy and condensed milk). In Company 2, it was observed the three levels of CP. In other words, housekeeping (e.g. cutting process and manipulation of chemical products), changing technology (high pressure washing machine) and internal and external recycling. In addition, Company 3 considered only level 3 external recycling. As consequence, it was observed that can be applied either within industry as well as service sector. Unfortunately, it was not possible to observe any social gains on a monetary basis. This is due to limitations of the CP methodology and study complexity. Therefore, it was observed improvements regarding to social, environmental and economic areas. Nevertheless, it is necessary more commitment from top level management in order to consider CP like effective sustainable tool

Análise tecnológica sobre os aspectos ambientais de empreendimentos hoteleiros da Praia de Ponta Negra Natal/RN: um modelo de sistema de gestão ambiental

The present work aimed the elaboration of an environmental study focused on the hotel sector in order to present an analysis of the environmental aspects of Ponta Negra Beach, in Natal, RN, Brazil and also the aspects of the small and medium hotels existing in this area. By means of this work, it is possible to elaborate a model of a simplified System of Environmental Management which can attend to the exigencies required by NBR ISO 14001: 2004, as well as to present economical viability and possibility to be implemented in a way that hotels may converge to the sustainable environmental development of the tourism in Ponta Negra Beach. The research methodology presents itself divided into three items: execution of the environmental characterization of Ponta Negra Beach, by way of technical visits and interpretation of satellite images and cartograms of the main environmental characteristics of the region; execution of the work already made concerning the development, application and interpretation of the evaluation of the environmental aspects of each hotel, considering the hotels and the period of data collection, these used in evaluation, research instrument and a description of the procedure utilized for the analysis of the collected data and the utilized methodology for the elaboration of a model of a simplified System of Environmental Management. In a general way, it has been concluded that the practices executed by hotels in Ponta Negra Beach are impact-like and harmful to the environment. The simple implementation of analysis procedures and control of the environmental aspects could suggestively contribute to the reduction of environmental impacts promoted by the hotel section at this beach and in the nearby areas. It had been noticed that the study contributed to the sensitization of managers concerning the environmental problems since, in many other times, the detected problem was, in fact, the non-acquaintance about the environmental aspects and impacts from those hotels administrators, because of the lack of surveys and studies about the theme. It had also been noticed the arousing of a possible environmental attitude from some managers

Sistema de gestão ambiental na produção de água mineral

It s more and more evident the subject of the shortage of water, worsened by the accelerated urbanization, growth of the population, increase of the demand and of the costs of its treatment, factors that are also tied up to the increase of the consumption of mineral waters, whose chemical composition or physical-chemistries characteristics do with that are considered beneficial to the health. The growth accelerated all over the world in its consumption aims the concern with the waters quality, the health and the incentive to the consumption of natural products. However, in spite of quite valuable, that resource is explored, most of the time, without optimization of production or actions that avoid wastefulness. This research is justified for the need of minimizing the negative environmental impacts caused by the mineral water s production, mainly in what it say about the generation of effluents and wastes in the productive process, through the study, development and application of cleaner production tools for the environmental management, pertinent for that section. The applicability of Environmental Management System was determined by means of the characterization of the environmental aspects of productive process in a company of the section, in the state of Rio Grande do Norte and of the discussion of the panoramas that demonstrate the tendency for a sustainable development. Actions as a reforestation, optimization of energy and water uses, recycle of solid residues and water reuse were applied during the research, resulting in the considerable reduction of wastes of raw materials and inputs and consequent environmental and economic won. A specific methodology was proposed with concepts of Environmental Management, integrating with Quality Management. As foundations for the elaboration of the methodology, it was realized a similarity analysis among the systems and, mainly, an analysis of the experiences observed in the case study, including specificities, needs and difficulties of the company. With these results, the implantation of a EMS as a company strategy has environmental, economic and social benefits, and this research can be applied and adequate to others companies and sectors