ASSESSMENT OF TRANSACTIVE EFFECTIVENESS IN THE PHASE OF PREPARING THE TERMS OF REFERENCE APPLIED TO THE ENVIRONMENTAL LICENSING PROCESSES OF ROAD STRUCTURES

Abstract

The objective of this work was to evaluate the transactive effectiveness in the elaboration phase of the terms of reference in the processes of federal environmental licensing of road structures. A sample of eight (n=8) environmental licensing processes obtained from IBAMA was used, the document analysis method was applied through the Control F command and insertion of the expression "term of reference" (TR) to verify the dates of forwarding of partial terms of reference to all those interested in the process, the responses obtained and the provision of the definitive term of reference to the entrepreneur, all information was recorded in an Excel spreadsheet. The results show that, on average, the time period for releasing the definitive version of the TR is approximately 136 days. Therefore, according to Normative Instruction No. 184 of July 17, 2008, in its article 11, which establishes 60 calendar days for the provision of the term after the process is initiated, the recent scenario for road structures at the federal level is not transactively effective. Thirty-two manifestations of the intervening actors were counted, but only 28.1% of the responses occurred within the period stipulated by Normative Instruction No. 184 of July 17, 2008, which is 15 days, according to paragraph 3 of article 10. The Institute Chico Mendes for Biodiversity Conservation (ICMBio) was the body that achieved the best result in this regard. Overall, 50% (n=3) of their responses to the licensing agency occur within the recommended time frame. The OEMAs showed low transactive efficacy. Only one of the eleven responses was provided within the regulated deadline, which represents approximately 9% of its aggregate performance.