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Environmental permitting as a climate policy instrument

Abstract

The article discusses how environmental licensing can contribute to Brazilian climate politics’ effectivity by allowing the climate pollution’s social costs to be identified, mitigated and compensated, without prejudice of the environmental viability, locational and technologic analysis. Starting from the current legislation, the conclusion is that despite the insertion of the climate variable on the environmental licensing processes being exigible, it’s still incipient on environmental organs. Based on technical studies, the article points to the necessity of evaluation of climate impacts on the environmental licensing processes, outlines the minimal contents of this evaluation and presents some legal strategies for that evaluation to be properly done.

Keywords:
Environmental licensing; Climate changes; Climate litigation

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