Compliance ambiental e sua aptidão vinculativa: a perspectiva da Samarco Mineração S.A.

Abstract

The purpose of this study aims to demonstrate the importance of binding compliance and consider the sufficiency of updates perpetrated by Decree No. 11,129/2022, in addition to stipulating the desired degree of environmental compliance management and specifying the implications of protocols of mere intent, with emphasis on the integrity program of Samarco Mineração S.A. In order to achieve this goal, we proposed the use of the hypothetical deductive method through bibliographical research on the subject, a comparative review between the current Decree nº 11,129/22 and the revoked Decree nº 8,420/2015 and the documentary analysis of Samarco's public compliance guidelines. Finally, it is concluded that a consolidated compliance program, linked to enforcement and highlighting the environmental perspective, provides better conditions for risk monitoring if it presents binding aspects that guarantee its practical effectiveness, which was not found in the documents released by Samarco. In addition, it was found that the current Decree Regulating Law No. 12.846/2013 has not evolved sufficiently in terms of effectiveness, which is correlated with the lack of minimum parameters for supervision, control and sanctions, aspects in which no significant progress has been made.