Contrasts of Mining and the Search for Sustainable Development Based on the Implementation of Mitigating and Compensating Measures and Voluntary Practices

Abstract

This paper has the purpose of pointing out the contrasts of mining, an activity that, on the one hand provides various economic and social benefits to the Country, but also brings negative impacts to the environment and to the directly or indirectly affected communities. Based on the descriptive bibliographic research, the environmental licensing is assessed as an effective instrument to minimize the unwanted effects of mineral exploration, highlighting the mitigating and compensatory measures imposed on enterprises that seek socio and environmental regulation. Starting from anthropocentric assumptions and the irrefutable evidence that the human being depends on the mineral assets to satisfy its vital need, it becomes necessary to use legal instruments that fulfill the role of reconciling economic growth and environmental preservation. In parallel, one highlights the voluntary adoption, by entrepreneurs, of correct environmental practices, which play a supplemental role, but not least, in relation to the command and control instruments provided for by national environmental standards. In the end, it is verified that legal requirements, administrative determinations, and corporate social responsibility by companies are mechanisms that, together, enable harmonization of mining activity with precepts of sustainable development.