Governança ambiental brasileira e norte-americanapráticas institucionais em perspectiva comparada

Resumo

Institutions wield significant power in shaping governance mechanisms, being simultaneously responsible for originating challenges and for structuring collective actions to address them. In the environmental context, this duality becomes even more evident. Recently, in Brazil, there has been a growing interest in rethinking the institutional design of environmental governance, historically characterized by fragmentation. This work, inspired by the U.S. model of the Environmental Protection Agency (EPA), often cited as a benchmark for quality and efficiency in environmental management, proposes an analysis of the advisability of centralizing Brazilian environmental regulation in a single regulatory agency. While acknowledging the contextual specificities and the limits of international comparison, the research is based on the hypothesis that institutional centralization may contribute to a more coherent and strengthened governance framework. The investigation adopts an analytical approach grounded in bibliographic and documentary research. Methodologically, it employs the functionalist method of Comparative Law, articulated with a historical perspective, with attention to the structural elements of the Brazilian model, institutional diversity, and the limits of legal transplantation. The structure of the study was designed to enable a progressive construction of the analysis. Chapter 1 develops a bibliographic and institutional review of the Brazilian model of environmental governance, identifying its main challenges and delimiting the research hypothesis in light of its historical trajectory. Chapter 2 presents the methodology adopted and discusses the potential of Comparative Law as a tool for normative reflection, contextualizing the choice of the U.S. model, whose logic even inspired the very design of Brazilian regulatory agencies. Finally, Chapter 3 examines institutional practices of the EPA, seeking to extract elements that may allow a critical analysis of the dysfunctions of the Brazilian model and an assessment of the feasibility of adopting solutions adapted to the national reality, with a view to strengthening environmental governance.

Ficha do documento

Tipo

Dissertação

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/37768

Temas

Administração PúblicaGovernançaMeio Ambiente

Palavras-chave

Direito da regulaçãoGovernança regulatóriaDesenho institucionalAgência reguladoraEnvironmental protection agencyInstitutional designRegulatory lawRegulatory GovernanceDireitoDireito regulatórioDireito ambientalGovernançaPolítica ambiental