Title: A importância do estudo de impacto ambiental e do relatório de impacto ambiental nos licenciamentos do Estado de São Paulo
Abstract: State of São PauloThe Environmental Impact Assessment and the Environmental Impact Report in the State of São Paulo are legal requirements for the implementation of any undertaking or activity potentially polluting or degrading the environment.Both aim at preventing environmental damage when systematically analyzing the consequences of implementing a project with significant potential for environmental degradation.For the feasibility of the projects, it is necessary to make an accurate Environmental Impact Assessment, on behalf of the entrepreneur, and present it to the Environmental Company of the State of São Paulo -CETESB, an agency linked to the Secretaria of the Environment of the State of São Paulo, for analysis, issuance of technical opinions and environmental licenses.In the last thirty years, we have followed the construction and normative development of this instrument.This dissertation, besides constituting an exercise in the analysis of this instrument of the National Environmental Policy, contributes to demonstrate how it has been treated by the government of the State of São Paulo and proposes a historical analysis of the importance of the Environmental Impact Assessment (EIA) and of its respective report (RIMA) in the control and avoidance of environmental damages in the State of São Paulo.We are facing an increasingly degrading scenario in relation to environmental conservation.In view of this context, we have proposed questions about the influence of the Environmental Impact Assessment on the decision-making process in the Environmental Licensing of the State of São Paulo and how the application of this instrument has been relaxed and is currently even running serious extinction risks.The bibliographic survey supported the understanding that, when we speak of Environmental Impact Assessment, we are directly referring to the constitutionalization of the fundamental right to an ecologically balanced environment.These are rules to be observed, which means that, in a democratic state under de rules of law, it is necessary to follow a pattern of environmental justice, guided by its underlying principiological structure.The environment does not admit of late action and it is for this reason that the Environmental Impact Assessment presents itself as an instrument of immeasurable importance, since it is through this that the principles of precaution and prevention materialize.The documentary research surveyed the Environmental Impact assesment developed in the State of São Paulo between 1987 and 2015, comprehending a total of 29 years since the implementation of the process by the state government, as well as the technical opinions rejecting the license application of six randomly chosen processes.