The path of the expiry of the Environmental Approval Decision

Abstract

A critical analysis of the implementation of the rule formulated in Article 25 ter of Law No. 19.300 is presented, guided by the hypothesis that this implementation has been affected by a conceptual confusion regarding expiry of legal acts. To demonstrate this hypothesis, the first part examines the traditional understanding of expiry and its distorted reception in general works on national administrative law, which is articulated under what I call "the reproach thesis," showing its implausibility. The second part raises the need to connect the expiry of the environmental qualification resolution with the foundation of the Environmental Impact Assessment System to outline a path towards an adequate understanding of the rule formulated in Article 25 ter of Law No. 19.300, which is presented as a counterpoint to the commentaries it has been subject to. Finally, in the third part, two especially critical problems that have arisen in legal practice are analysed.