Desafios e perspectivas das multas ambientais no Estado do Rio de Janeiro

Abstract

The dissertation's main objective was to critically analyze the role, effectiveness, and challenges of environmental fines as a tool for environmental management in the state of Rio de Janeiro. The study aims to contribute to the development of more effective strategies for the protection and preservation of natural resources, considering legal, economic, and social aspects. The data analysis revealed a significant discrepancy between the imposed fines and the amount actually collected, as well as a considerable variation in the number of infraction notices over the years, influenced by factors such as the COVID-19 pandemic and the restriction of economic activities. The research highlighted the need for a review and modernization of state legislation, as well as the strengthening of the workforce at the State Institute for the Environment (INEA), which faces a significant shortage of human resources. The proposed calculation methodology presented in the study proved to be a viable alternative for ensuring greater transparency and fairness in the application of fines, adapting to the specifics of each infraction and the principles of environmental justice. The methodology is based on financial capacity indices, magnitude, temporality, mitigating and aggravating factors, and was validated through a hypothetical case and two real cases, demonstrating its applicability and effectiveness. In summary, the study concludes that the effectiveness of environmental fines depends not only on the imposition of financial penalties but also on an integrated approach that involves the review of legislation, institutional strengthening of regulatory bodies, and active participation of society.