O processo de licenciamento de empreendimentos de infraestrutura no Brasil: estudo de caso da intervenção ambiental no setor elétrico

The issue of staggered performance of the Brazilian public administration, indeed evident in some cases is extremely worrying from the point of administrative efficiency of decision-making systems and processes of the various sectors that make up its structure. In this line, the general objective of this study is to analyze the dysfunctions caused by the lack of coordination in the exercise of administrative activity by the Brazilian state. However, because the topic is too broad to fit in the narrow confines of a dissertation, choose a specific institutional arrangement to serve the north of this study: the administrative and environmental licensing process for infrastructure projects. The infrastructure projects require a range of permits and licenses issued by numerous agencies or government entity, have jurisdiction to rule, each within their respective area of expertise, and on the basis of various laws. Therefore, the uncoordinated activities of these actors causes considerable economic losses, mainly due to the delay in decision-making, the exaggerated strictness of the requirements and environmental conditions and excessive legalization sector disputes. Thus, the theme-problem of this dissertation is to seek the best legal response to the propositional problem related to the inefficiency of the licensing process for infrastructure projects in Brazil. In this goal, the economic rationale was chosen as theoretical framework. With this expected to formulate proposal that the licensing process for infrastructure projects in Brazil could become a new institutional governance modeling formulated based on the study compared to the US legal system more efficient if it were adopted, whose environmental assessment process is based on interagency coordination and central figure in the so-called lead agency.