Viabilização e essencialidade da energia elétrica no contexto do direito ambiental brasileiro / viability and essentiality of eletrical energy in the brasilian environmental law

AUTOR(ES)
DATA DE PUBLICAÇÃO

2005

RESUMO

ABSTRACT This paper discusses the insertion of the electric energy as an environmental condition essential to a healthy quality of life and the need to make the generation of energy compatible with the regional development, revealing the concern of the public politics in the attendance to the basic requirements of human welfare and of sustainable development. The profound environment impacts normally restrict environment licensing, and even judicial contentions of conflicts, reaching perspectives of continuity and security of this essential good to the health quality of life. The development of this paper considers, initially, a historical outline of how energy come about to contribute to the improvement of the comfort and the quality of life but also the technological modernization, as followed by the energy resources within the scope of Brazilian reality. It also focuses on aspects of electric energy under the national constitutional system and the principles of the National Politics of the Environment, underlining the predominance of the principle of the efficiency in the implementation of public politics and the guarantee of to everyone. At last, the paper examines the environmental licensing as well as possibility of conciliating judicial conflicts with the need to preserve the environment for present and future generations, taking into consideration an analysis of the undertaking under a regional focus, keeping in mind, at all times, the social and economic functions of the generation of electric energy, with emphasis on the integrated planning of the resources and production of energy.

ASSUNTO(S)

direito ambiental eletrical energy energia elétrica direito environmental law licenciamento simplificado

ACESSO AO ARTIGO

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