Mining disaster prevention through preservation policy instruments coadunated with responsibility for the risk assumed in polluting activities

Abstract

The study aims to analyze the combination of tools of the National Environment Policy with the responsibility for the risk assumed in order to mitigate risks and prevent environmental disasters in the development of polluting activities, as is the case of mineral exploration. Based on the finding about the poverty of the legislation that lends itself as a normative basis for environmental licensing at the federal level, it is intended to show that the absence of a law dealing specifically with the issue of environmental licensing may be associated with the repeated occurrence of harmful events to the ecologically balanced environment. The recurrence of environmental accidents in Brazil is directly proportional to the legislative gap at the federal level. The deepening of environmental licensing and zoning issues points out that zoning could be promoted by municipalities, through the Master Plan, in order to foster an adequate environmental licensing process, demonstrating that disasters could be prevented by a simple administrative measure.