Gestão de risco de desastres: Implicações da governança sob o panorama das reformas legislativas

Abstract

The general purpose of this research was to promote the measurement of the effects and implications that somehow deal with the disaster risk management issue, with special attention to the Law number 12.608/2012, and its links to the public policies, in order to enable the recognition of the level of advancement of the governance conditions to the subject matter here discussed. To achieve this measurement a methodology developed by the Inter- American Development Bank (BID) in conjunction with researchers from Autonomous University of Barcelona was used. Moreover, from a bibliographic research derived an epistemological analysis of the disasters and their types, in order to join the risk elements, vulnerability, inequality and disasters. Concurrently, the disasters were addressed according to the international community standpoint, as a way to bring out the Hyogo Framework Action (2005/2015) and the Sendai Framework Action (2015/2030). In a way to contribute to the emerging segment of Disaster Law, which coordinates inherent issues to the Urban and Environmental Law, it was proceeded an approach which is about the construction of the disasters law in Brazil, thus a retrospective of the regulatory and institutional acts of the disasters risk management and civil defense was promoted. It was also written about the constitutional powers in terms of disasters risk management, as well as the elaboration process of the Law 12.608/2012, which establishes the National Protection and Civil Defense Policy in Brazil. Consequently, it was proceeded to the national context the application of the Governance Index and Public Policies at Disasters Risk Management, by which it was detected a degree of advance of 38.91% (thirty-eight point ninety-one percent), integrating Brazil to a considered incipient level to the disasters risk management.