ENVIRONMENTAL LICENSING IN SHOPPING CENTERS: COMPARATIVE STUDY OF BRAZILIAN AND NORTH AMERICAN LEGISLATIONS

Abstract

Population growth and consequent consumption have impacted natural resources, generating pollution and destruction of ecosystems. In cities, shopping mall-style ventures bring status and diversity of products and services to the population. Aiming at environmental conservation, the study of potential environmental impact and respective licenses are instruments of environmental management. There are differences in the procedures and indicators of these instruments in different countries. This article proposes a comparative analysis between the United States and Brazil, given clear distinctions in format and procedural rites, based on bibliographical research and documentary examination, aiming to establish recommendations for improving legal regulations. Some standards are worth highlighting, such as the United States National Environmental Policy, the European Union's Environmental Impact Assessment Directive and the World Bank's Safeguards, in addition to the Global Agenda 21. In Brazil, both the National Environmental Policy and the Federal Constitution are relevant landmarks in this discussion, as well as Conama Resolutions, including all potentially impactful activities, public or private. In the United States, the National Environmental Policy Law establishes the Environmental Impact Assessment for some types of impactful projects, making the environmental licensing process faster.