A (in)eficiência do termo de ajustamento de conduta proposto pelo Ministério Público do estado do Ceará: um estudo de caso do inquérito civil n.º 13/2015

Abstract

Based on the in-depth theoretical framework of constitutional-environmental law and the performance of the Public Ministry of the State of Ceará in the records of public civil inquiry No. 13/2015, with the purpose of investigating the environmental pollution of groundwater and the bed of the Salt River , this study aimed at examining the content of the conduct adjustment term signed with representatives of the electroplating industries, aimed at adapting environmental conducts for recovery and obtaining environmental licenses in the light of the incentive theory. The research problem was: how to model the conduct adjustment term, with environmentally and constitutionally desired clauses, aimed at environmental recovery and preservation, associated with activity monitoring programs, jointly stimulating entrepreneurs in the electroplating sector in the municipality of Juazeiro do North-CE, for effective compliance? The confirmed hypothesis was the absence of planning for the construction of a TAC with balance at the level of enforcement, which would contribute to the achievement of its objectives and, consequently, to the improvement of the management of liquid effluents from industrial activities, with clauses to print the technical and periodic collaboration of the organs of: environmental inspection; management of water resources; private companies and the academic community. The adopted methodology was the case study, carried out from an applied research, in a qualitative approach, with exploratory and descriptive research objectives. As for the procedures, it was built from the documentary analysis of the civil inquiry in question. Finally, the deductive method was used, with the systematic criterion for interpreting the findings. Throughout the text it was possible to discuss the points related to the constitutional system of protection of the environment as a constitutional right linked to the human person. In a third moment, the case of the electroplating industries in the city of Juazeiro do Norte was discussed, demonstrating the risks of environmental pollution. And, in a fourth moment, the social cost of galvanic production was identified, associating the theory of incentive, proposed by Ronald Coase, as instruments to avoid negative externalities and create stimuli capable of recomposing affected areas, under which the environmental risks arising from electroplating.