Consensualism and State: A solution to the low environmental fines payment rate ?

Résumé

In May 2019, O Globo Journal, after surveying the open database of the Brazilian Institute of Environment and Renewable Natural Resources – IBAMA, analyzed the rate of payment of environmental fines, highlighting the existence of a predominant feature among Environmental offenders: the more serious the violation and the higher the fine amount, the lower the payment rate1. This analysis took into consideration all fines processed and judged in the last ten years, concluding that among the fines applied within the range of R$ 50,000 to R$ 100,000, only 4.48% were paid. In relation to fines between R$ 100 thousand and R$ 1 million, only 0.66% were paid. In turn, fines over R$ 1 million had only 0.54% compliance rate. Also, fines in the range between R$ 1 million and R$ 5 million, only 0.33% were met. Finally, fines above R $ 5 million have an effective payment of only 0.65%.
Considering the data presented, it is necessary, first, to assess their reliability, and once the statistics are confirmed, it is necessary studying why fines are not met, taking consensualism as a possible solution to safeguard the public interest of the State, which is environment preservation.
Therefore, this study aims to analyze the latest IBAMA’s Management Report in order to verify the statistics presented by the O Globo Journal, and, afterwards, whether the State’s imposing, imperative and unilateral form of action is in accordance with the dynamics of today’s society, proposing the use of consensus techniques to increase compliance rates for administrative fines and reduce the rates of environmental violation by consensus culture.