Environmental licensing of large projects of infrastructure: is there a tendency towards judicialization?

Abstract

Environmental licensing processes in Brazil have received increasing attention from the media and the public, particularly those that involve large projects of infrastructure, a range of actors and diverse interests (i.e. port sector). These processes are in general characterized by disputes, conflicts and contradictions. Due to this complexity, many decisions about concessions of licensing have been submitted to the juridical sphere. This paper explores this complexity and brings results from a study that sought to investigate the judicialization of licensing to expand the Port of São Sebastião, North Coast of São Paulo State, Brazil. In this paper we present the conflict around this issue and its chronology, as well as discuss a set of critical variables that influenced the judicialization process. We argue that, beyond those officially declared causes for judicialization, other variables intersected with the political and social dynamic had lead this conflict to the Judiciary system. Identifying these non-official causes is especially critical to understand limitations and barriers of environmental licensing processes.