Reforma da regulação ambiental: características e estudos de caso do estado de São Paulo

Abstract

RIBEIRO, Flavio de Miranda. Reforma da Regulacao Ambiental: Caracteristicas e Estudos de Caso no Estado de Sao Paulo, 2012. 235p. Tese (Doutorado) – Programa de Pos-Graduacao em Ciencia Ambiental (PROCAM). Universidade de Sao Paulo, Sao Paulo, 2012. Recently, many researchers, institutions and governments have proposed reforms in environmental regulation – defined as the set of rules, procedures and requirements established by the government for economic activities in order to reduce their environmental burdens. The present study, exploratory and qualitative, demonstrates that although there are successful environmental regulatory reform experiences in the State of Sao Paulo, there is a long way to go, especially in ensuring their systematic accomplishment. Therefore, after presenting a theoretical framework on environmental regulation, the limits of their traditional approach are shown, in terms of epistemological aspects, as well related to their goals, degree of problem solving, economic efficiency, administrative procedures, technology options, institutional relationships, and international governance. From these limitations, and recommendations gathered from literature, it is stated that an industrial environmental regulation aiming to overcome the contemporary socio-environmental challenges should be participatory, decentralized, flexible , simple and clear, preventive, innovation inductor, multi-instrumental, strict in enforcement, performance-based, planned and gradual, supported by adequate resources, measured and reported, and reflexive. This set of “regulatory quality characteristics” was applied to three case studies, regarding to the programs of “Cleaner Production Fostering by CETESB”, “Renewable Operation Permit Introduction is the State of Sao Paulo” and “Extended Producer Responsibility Adoption at the State Waste Policy”. Using document research and interviews with regulators and regulated representatives, it is evidenced that most of those characteristics are presented at the programs design, highlighting the dialog improvements and the adoption of a more flexible regulation. However, evidence shows that their presence at the program does not guarantee its systematic execution into practice, and the characteristics are not always perceived or influence the behavior of regulators or regulated, maintaining the programs as marginal in reference to the central routines of the environmental agency. At the end, there are presented conclusions and recommendations to further regulations, mostly related to the vision, strategic planning and resources guarantee for environmental regulation reform, as well as to regulatory process governance.