The use of administrative sanctions to prevent environmental damage in impact assessment follow-ups.
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Date
2018
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Abstract
Scholars have long been highlighting the value of administrative sanctions in improving environmental
policy enforcement. However, few studies have evaluated how such sanctions are implemented,
particularly in the context of environmental impact assessments (EIA) and their respective follow-up
programs. The main objective of this article was to evaluate how administrative sanctions have been
used in EIA follow-ups, using the Brazilian state of Minas Gerais as the empirical context. More specifically
it tried to understand what have been the main triggers, frequency, nature and financial values of
the sanctions issued to noncompliant mining projects operating under the conditions of environmental
licenses. First, through literature reviews, the study characterized the institutional and regulatory
framework in which administrative sanctions are applied. Content analyzes of 29 infraction processes
further revealed that lump sum fines are the preferred option of administrative sanction in EIA followups.
The analysis also revealed that the fines could be perceived as disproportionally small if one considers
the size and financial power of non-compliant companies. The great majority of the fines were
paid by developers: a fact that contradicts previous empirical findings and anecdotal evidence in Brazil.
Overall, the study suggests that the impact of administrative sanctions in corporate behavior, while
unclear, is likely small. The study concludes by discussing practical and academic implications.
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Keywords
Environmental policy enforcement, Administrative sanctions, Environmental impact assessment - EIA, EIA follow-up, Brazil
Citation
GARCIA, L. C.; FONSECA, A. de F. C. The use of administrative sanctions to prevent environmental damage in impact assessment follow-ups. Journal of Environmental Management, v. 219, p. 46-55, 2018. Disponível em: <https://www.sciencedirect.com/science/article/pii/S0301479718305036?via%3Dihub>. Acesso em: 11 fev. 2019.