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Session 2: Environment, Public Policy and Regulation

Several changes in environmental policies and regulations have happened in Brazil in the past decade. Although commentators and protesters often use the term ‘environmental roll-back’ to describe these changes little research has been published on the actual nature and processes leading to these reforms. This session aims to fill in this gap and shed light on the actual characteristics and drivers of this recent trend.

Changes in Brazilian Environmental Regulations: Drivers, Processes and Results

Flavia Maria de Mattos Donadelli (LSE)

This work investigates the main reasons behind the marked changes that occurred in the regulation of three Brazilian environmental policy areas between 2005 and 2015. The policy areas under investigation are Forestry, in particular the approval of a new Forest Code in 2012; Access to Genetic Resources and Benefit Sharing, specifically the new 2015 law on the topic (Lei 13.123/2015); and Pesticides, in particular, regulatory changes concerning the registration and use of new products. In order to assess the reasons for regulatory change in these three areas, this work explores the role of the four causal factors advanced in the ACF – external events, internal events, learning and negotiated agreement – and assesses them in relation to the to the particularities of the Brazilian institutional context. It does so through process-tracing of each sector’s history and content analysis of arguments proffered in National Congress debates, interviews with key actors and in the national media

Flavia Donadelli


Flavia Donadelli is a Teaching Fellow in Public Policy and Administration in the Department of Government at London School of Economics and Political Science (LSE) since 2016. She pursued her PhD in Political Science at LSE and is also part of the Centre for Analysis of Risk and Regulation (CARR) in the same institution. Her research focuses on public policies and administrative reforms in developing countries and on changes in environmental policies and regulations in Brazil. During her PhD, she focused on Brazilian regulatory changes in the areas of forests, access to genetic resources and pesticides.

Brazil’s Environmental Assessment Regime Under Scrutiny: Bills 2004-2016

Larissa Verri Boratti (ILARRAZ Advogados)

The paper seeks to appraise the legal reform proposals for Brazil’s environmental assessment (EA) regime currently under debate. Claims for the reform of Brazil’s EA regime are at the heart of developmental strategies in place due to conflicts over the development consent process for large-scale, high impact infrastructure projects (e.g. energy, logistics, urban infrastructure and services, and extractive industry). Despite the existing consensus among stakeholders (government, private sector, NGOs, and community groups) with regards to the need for a more efficient and coherent process, with harmonization of key aspects of the regulatory framework, as well as for reducing judicialization over non-compliance of procedural requirements, there is much disagreement about how to implement this. Debate has escalated recently. Nineteen reform proposals have been submitted to the Congress and one non-statutory amendment is under debate before the National Environmental Council. Proposals date back to 2004, however, most are from 2011 onwards, and, importantly, the texts that have become pivotal in negotiations date from 2015 and 2016. To explore this, the paper starts by tracing the linkages between Law and Development approaches and environmental law in Brazil, with a focus on development consent for major projects and EA. It then provides an overview of the literature on EA law and policy, prior to introducing key aspects of the Brazilian legislation. Finally, the paper identifies existing bills on EA from 2004 to 2016 and carries out analysis of the main proposed changes in light of the environmental law literature. The paper concludes that the currently limited scope of discussions in Brazil has lead stakeholders to advocate deregulation of procedural and administrative apparatus to allow for regulatory cost reduction, and, allegedly, to foster economic growth. However, a more fundamental concern has to do with EA regulatory goals, an aspect which is apparently absent in the legal reform on the table.

PHOTO Larissa


As a Brazilian qualified lawyer, Larissa has practiced litigation and legal consultancy in the private sector for more than ten years (specialising in environmental law, policy and regulation). She is also an environmental law lecturer and researcher. She holds a PhD from University College London, a Master degree from UFSC (Brazil) and an LLB from UFRGS (Brazil).

Coordinators: CLOSER

Place: King's College London, Strand, Old Committee Room

Date: October 6, 2017

Time: 13:13 - 15:00

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