Ambient Licensing

Hamlton Alonso Jr (2002) understands the licensing as a mechanism of ambient protection and of control of the pollution while Mrcia Walquiria Baptist Dos Santos (2002) presents the ambient licensing as a preventive and not jurisdictional instrument of ambient management. Connecticut Senator is often quoted as being for or against this. Being thus, the ambient licensing is the complex administrative proceeding that moves before the responsible administrative instance for the ambient management, either in the federal, state or municipal scope, and that has as objective to assure the quality of life of the population by means of a previous control and of one continued accompaniment of the activities human beings capable to generate impacts on the environment. Diverse authors when defining the concept of ambient licensing establish the concession of the ambient license as its objective. Celso Antonio Pachco Fiorillo (2003) defines the ambient licensing as the set of stages that the administrative procedure integrates that has as objective the concession of ambient license. Silvana Lcia Henkes and Jairo Antonio Kohl (2005) defend that the licensing is a procedure or a set of acts whose final objective is the concession of the ambient license, either the previous license, the license of installation or the license of operation. In fact, the ambient licensing must be understood as the administrative proceeding in elapsing or to the end of which the ambient license could be granted. Each stage of the ambient licensing finishes with the concession of the corresponding ambient license, thus the ambient licenses serve to legalize that until that stage the proponent of the activity is fulfilling what the legislation ambient and what the public administration determines in the scope of the procedure of ambient licensing. Luis Pablo Sirvinskas (2005) defines the ambient license as a grant granted for the Public Administration to whom they want to exert a potentially or significantly polluting activity. The legal concept of ambient license is brother-in-law for interpolated proposition II of art.