A conciliação como instrumento de otimização dos processos administrativos sancionadores ambientais

Abstract

The determination of environmental administrative responsibility takes place through sanctioning processes within the scope of the competent environmental body. However, the system of this process is not efficient, generating considerable losses in the application of financial sanctions - the so-called environmental fines. With a more than reasonable duration, these types of processes can, due to their numerous flaws, be annulled or declared prescribed, significantly affecting society's perception of environmental inspection. Federal control bodies - the Federal Comptroller General and the Federal Audit Court - highlighted the difficulties and suggested improvements. Environmental conciliation emerged from this perspective, to improve and optimize the sanctioning administrative process. However, the initiative was short-lived, for political reasons, which cannot be measured here. The present work seeks, using a bibliographicm ethodology, through which legal provisions, books and articles published on the subject were analyzed, in order to consolidate the understanding regarding environmental responsibility, especially administrative responsibility; assess the issues of competence for establishing environmental sanctions, brought by LC nº 140/11; present the current model of the environmental sanctioning administrative process, with its main characteristics; evaluate aspects that generate failures in environmental administrative processes and, finally, indicate the possibility that "environmental reconciliation" becomes an institutionally efficient instrument to optimize environmental processes and, above all, preserve and recover the environment and, at the same time, time, provide legal security to the entrepreneur and the administrator in general. [resumo fornecido pelo autor]