El régimen jurídico de las licencias y autorizaciones ambientales en España y Brasil : Análisis jurídico-ambiental derivado de los aspectos novedosos de la normativa general de la unión europea sobre prevención y control integrados de la contaminación

The thesis analyzes the legal and administrative framework of licenses and the authorizations of activities with significant environmental impact in Spain and Brazil, on the basis of European Union legislation related to industrial emissions. First, we studied the rules of the European Union, from its beginning until the new Industrial Emissions Directive of 2010. Then, we analyzed the Spanish system, with special reference to the Law of Integrated Prevention and Pollution Control of 2002 and its amendment of 2013, including the new regulation of industrial emissions in the same year. Finally, we studied the Brazilian environmental law in detail, and particularly the legal framework for environmental licenses and permits from industries and effective or potentially polluting activities that affect the environment process as well. We start from the Law of the National Environmental Policy Act of 1981, the Federal Constitution of 1988 and the general implementing legislation, in particular the Federal Complementary Law nº 140 of 2011. We deduce that the description and sporadic correlation between the legal systems have allowed an exam regarding some coincidences and controversies in environmental legislation and in the public intervention system in both countries. We highlight the many possibilities of contributions of the European and Spanish legislations to the Brazilian Law as the contribution of Brazilian doctrine and jurisprudence investigations to the European and Spanish Law, as well.

The thesis analyzes the legal and administrative framework of licenses and the authorizations of activities with significant environmental impact in Spain and Brazil, on the basis of European Union legislation related to industrial emissions.