CAN THE LEGAL SYSTEM DEFEAT A
CULTURE OF NON-COMPLIANCE?
LESSONS FROM BRAZIL
Antonio Herman Benjamin
Scope of Session 4

New and emerging instruments that can
reduce the administrative costs of
monitoring and enforcement

The role of the public and the courts,
including personal liability for noncompliance and collective access to
justice
LESSONS FROM BRAZIL

Assessment of environmental
regulation, compliance and enforcement

Where we fail

Non-classical instruments

My final message
Assessment of ECE in Brazil

Comprehensive legal framework

ECE gap and public demand

Heterogeneous institutional capacity
and enforcement

Diversity of stakeholders

Insufficient data generation and
management
Where We Fail






Mix model, green and brown sectors
Fear of innovation and copying syndrome
Treatment of environmental regulation as a
separate entity
Over-centralization and decentralization
Lack of reciprocal feedback
Complexity and costs of the enforcement
chain
Non-Classical Instruments:
Perspectives and Limitations

Forest Legal Reserve

Reversal of the burden of proof

Criminal liability for corporations and
environmental officers

Creative application of nonenvironmental legal instruments

Environmental public prosecutors
My Final Message

There is no ECE paradise

Richness and diversity of environmental
instruments

We have a lot to learn from each other