The study deals with biding as a mechanism of social-environmental protection, analyzing how the biding proceeding can work as a materialization of the principle of the environmental prevention on the installation of public enterprises potentially
causer of environmental degradation. Initially, it presents the environmental matter, your relevant aspects and your insertion on the Constitutional text, the environmental licensing proceeding. Then, it is done an analysis of the biding proceeding, the
jurisdictional principles that instruct it, your finality, your phases and its relation with other instruments of environmental protection. The biding is the way that the Public Administration contracts the execution of public enterprises of infra-structure, potentially causer of environmental impact. Therefore, it presents how the biding is
an important mechanism of environmental protection, when the Public Administration accomplishes the legal biding proceeding in force on the country. It was analyzed two exemplificative cases in which the Public administration has not accomplished such
proceeding, violating the principle of legality and of the environmental prevention and precaution. The study was made thru case laws and doctrine, as well as thru analysis of decisions issued by the Judiciary Power of Para State and the Public Finance
Court, in specific cases of the biding of the “Alça Viária” and the hydro via of Capim-Guamá, Marajó and Teles Pires – Tapajós and the enlargement of the lease of the Santarém port, respectively.
|
