IMPACT OF LAW Nº 3.804/2021 ON AGRARIAN AND ENVIRONMENTAL LAW IN TOCANTINS

Abstract

Environmental licensing is a management tool used by governments to control human activities that can cause significant impacts to the environment. In the State of Tocantins, there is Law No. 3.804/2021, which deals with environmental licensing in the State. This study aimed to discuss the impact of Law No. 3.804/2021 on agrarian and environmental law in Tocantins. The aim of this study was to analyze the legal effects and its constitutionality. It was based on a bibliographic review, based on scientific articles, books, periodicals and current legislation on the respective subject. Data collection was carried out through databases such as Scielo, Google Scholar, among others, from 2018 to 2024. In the results, despite its importance, this rule was explicitly considered unconstitutional. Both the Court of Justice of Tocantins and the Federal Supreme Court corroborate the understanding that this law violated the constitutional principles of environmental preservation and the federative balance of powers. Despite this, this study moves towards the understanding that Law No. 3,804/2021 represents an important advance in Tocantins' environmental legislation, seeking to balance economic development with environmental protection. By simplifying the licensing process and promoting transparency and social participation, the law can contribute to more sustainable and responsible development in the state.