Compliance ambiental municipal no estado de Rondônia : lacunas e assimetrias do framework regulatório e suas implicações para a efetividade da conformidade e das políticas públicas

Abstract

The thesis investigates the critical implications of the insufficiency and/or inadequacy of regulatory frameworks for environmental compliance in municipalities in the state of Rondônia. In the face of considerable environmental degradation, legal uncertainty, and compromised sustainable development, the thesis aims to diagnose regulatory gaps and asymmetries at the local level, identifying challenges and opportunities to strengthen environmental governance and the effectiveness of public policies in the region. A qualitative methodology was employed, characterized by an exhaustive documentary analysis and comprehensive literature review. The research thoroughly examined federal, state, and municipal legislation, focusing on the seven municipalities in Rondônia with more than fifty thousand inhabitants (Porto Velho, Ji-Paraná, Ariquemes, Cacoal, Vilhena, Rolim de Moura, and Jaru). Data collection focused on municipal transparency portals and specialized legislative databases. The analysis delved into key economic sectors with high local environmental impact, such as agriculture, industry, urban solid waste management, and civil construction. The results reveal significant regulatory gaps in municipal regulations for these high-impact sectors. Critical deficiencies were identified in the management of construction waste, the control of pesticides in peri-urban areas, the regulation of industrial effluents, and the effective protection of Permanent Preservation Areas (APPs) in urban and rural contexts. In addition, the phenomenon of regulatory invisibility was observed, resulting from the difficult accessibility and poor organization of local laws, which severely compromises transparency and the ability of actors to comply. The fragility of municipal enforcement was also evident, mainly attributed to limited financial and human resources and a lack of training, culminating in persistent problems of environmental degradation, legal uncertainty, and impunity. It is concluded that the inadequacy of the municipal regulatory framework is a key factor that undermines the effectiveness of environmental compliance and the achievement of sustainable development in Rondônia. To reverse this scenario, the research proposes a multifaceted strategy: the development of qualified, accessible, and sector-specific municipal legislation; the substantial strengthening of enforcement and monitoring capacity through strategic investments in technology (remote sensing, artificial intelligence) and staff training; the leveraging of economic mechanisms, such as targeted tax incentives and municipal Payment for Environmental Services (PES) programs, to foster proactive sustainability practices; and the strengthening of governance, transparency, and environmental education at all levels of municipal administration. These strategic interventions are crucial to promoting the transition from a reactive approach to a proactive and integrated stance on sustainability, ensuring a more just and ecologically balanced future for Rondônia. This research is part of the Environmental Law and Society concentration area of the Doctorate in Law program at the University of Caxias do Sul, which comprises legal studies focused on the challenge of protecting the human environment, as well as ecosystems and natural resources, in the contemporary social context. [resumo fornecido pelo autor]