Resumo:
The present situation of the environmental licensing process have been slow and
complicated, in relation to the current conception of the sustainable environmental
development in the country. The enterprises and impacting activities are being discussed and
analysed through a great number of environmental laws and specific laws to each enterprise.
These laws along with the inexperience of the enterprises and of the many institutions
involved in the process are an obstacle to the development.
This document presents the legal and institutional aspects of the environmental licensing
for the implementation of small hydroelectrical power plants. Laws and doctrine related to the
topic were researched and concluded for Minas Gerais State with the help of a survey with the
enterprises and institutions involved in the process to find out the difficulties that influence
the delay of the analysis of the SHPP. The results show that the main barriers are the non application of the CONAMA resolution 279/2001 to the SHPP, undetermined inspection
criteria, excess of environmental programs, technical incapacity, lack of financial resources,
non-integration of the institutional organs, the building of SHPP in permanent preservation
area, project interfering in the fish fauna, studies an environmental impact with then reports
and public audiences.
Finally, concludes that the difficulties are based on the non-integration of the
institutions and also, being recent, on the inexperience of the actors involved. Therefore, the
study suggests on increase of the technical body in the institutions and training of their
analysts; hiring of specialized consultancy, implantation of an environmental integrated
system, social communication program in the planning phase, fulfillment of the CONAMA
resolution 279/2001; integration of public ministry representatives in the licensing organs;
application of planning and zoning, deadlines and legal imposition of these deadlines in order
to supply the energetic demand and guarantee the sustainable development.
