Licenciamento ambiental no âmbito da mineração: comparativo entre órgãos ambientais estaduais brasileiros

Abstract

The environmental licensing processes for mining activities in Brazil are managed, for the most part, by state environmental agencies, which are obliged to follow CONAMA Resolution No. 237 of 1997, however, the same legislation indicates that the agencies can conduct the processes according to their own rules. In light of this fact, this study was carried out in order to compare the differences in the way environmental licensing for mining activities is carried out by environmental agencies in six Brazilian states. The study object was the state licensing bodies: the Environment and Water Resources Institute – INEMA (Bahia), the State Secretariat for the Environment and Sustainable Development – SEMAD GO (Goiás), the State Secretariat for the Environment and Sustainability – SEMAS (Pará), the Water and Land Institute – IAT (Paraná), the State Secretariat for the Environment and Sustainable Development – SEMAD MG (Minas Gerais) and the Environment Institute – IMA (Santa Catarina). By cross-referencing the data collected on the agencies in which the states had the highest collections of Financial Compensation for Mining Exploitation – CFEM in 2022, it was possible to see that the respective environmental agencies differ in various aspects, such as: the licensing modalities offered; the various classifications of mining activities; the specific documents requested; and even the criteria used to determine the type of licensing to be followed for each project. In general, we can see that these differences are magnified by the contrast in the variations in mining typologies in these states, and we can also see that there is no standardization in licensing. The agencies offer different types of licenses, which prevents licensing from being better adapted to the variety of undertakings. For the classification of mining activities, there is a direct link with the mineralogical variety, taking into account the framework of the activities. Most of the time, production capacity per ton/year is taken into account. In addition, document requirements vary greatly, both in terms of quantity and complexity. These differences lead us to realize that there is no interaction between the environmental agencies themselves. For there to be a better balance between the environment and mining, it is necessary for licensing to take place more efficiently. Each environmental agency can work to take advantage of the good experiences of other agencies, be it with better systems, improved analysis techniques, among other things.