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حقوق::
صدور مجوز زیستمحیطی
Constitution of 1988, showing the regulatory jurisdictions and mechanisms contained in the National Policy for the Brazilian Environment (Federal Law No. 6.938/1981), especially environmental licensing in the sector; it also covers specific guidelines such as the Environmental Crimes Law (Federal Law No. 9.605/ 1998), the National Contingency Plan (Federal Law No. 9.966/2000), and distinct issues such as Air Pollution, Seismic Research and Water Disposition on Explo- ration Platforms.
To that end, we will start with the Brazilian Federal Constitution of 1988, showing the regulatory jurisdic- tions and mechanisms contained in the National Policy for the Brazilian Environ- ment (Pol´ıtica Nacional do Meio Ambiente-PNMA) (Federal Law No. 6.938/ 1981), especially environmental licensing in the sector; we will also cover specific guidelines such as the Environmental Crimes Law (Federal Law No. 9.605/1998), the National Contingency Plan (Federal Law No. 9.966/2000), and distinct issues such as Air Pollution, Seismic Research and Water Disposition on Exploitation Platforms.
30 With respect to environmental licensing, and according to Federal Law No. 140/2011, the issue of authority to license was regulated by art. 10 of the Law of National Environment Policy (Federal Law No. 6.938/1981).
In § 2 of the same article is the express requirement of an environmental license to exercise the activity.
The importance of repairing environmental damage is discussed in art. 14, § 3 of the aforementioned law, which states that, even if the concession is extinct, it falls to the concessionaire to conduct environmental recovery.38 Article 17 deals with environmental licensing, by establishing in item V39 that, in the bidding process of the gas sector, the concessionaire must obtain the required licenses.
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