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Opinión Jurídica
Print version ISSN 1692-2530On-line version ISSN 2248-4078
Abstract
RIZO SCHIAVO, Victor and COELHO DE AZEVEDO BUSSINGUER, Elda. Environmental Licensing as a Public Policy and the Power of Companies. Opin. jurid. [online]. 2020, vol.19, n.38, pp.83-98. ISSN 1692-2530. https://doi.org/10.22395/ojum.v19n38a4.
This study aims to present environmental licensing as a public state policy and an instrument capable of technically evaluating business activity in the face of the discourse of economic growth. In this context, after the Stockholm Convention, with the strong environmental sentiment instituted by the world and, consequently, with the issue of specific legislation in the environmental area of Brazil, companies had to subordinate their activities to the State. With this situation, we confront the Right to the ecologically balanced environment and economic development, both present in Constitution of the Federative Republic of Brazil of 1988, in contrast to the foundations of Foucault’s theory of power.
Keywords : Federal Constitution; public policy; environmental licensing; power; environment.