Compliance ambiental e a prevenção de desastres antropogênicos envolvendo o setor minerário brasileiro: por uma nova racionalidade para a governança ambiental empresarial

Abstract

Mining activity is part of the country's history, having been one of the main factors responsible for its territorial occupation, in addition to being one of the basic sectors of the economy. Recently, however, the same activity has also helped to mark the nation's history in a less than positive way. Within this scope, the present study intended to answer to what extent environmental compliance, through the culture of integrity, could be used as a governance instrument and be inserted in the disaster risk management cycle, becoming an effective ally for the practice of sustainability within companies in the mining sector. With a propositional bias, the starting point was the hypothesis of applying the compliance institute to the circular management of disaster risks, acting not only in the preventive phase, but also in the post-disaster phase, through the detailed forecast of the company's action plans aimed at repair any damage caused and mitigate new risks, preserving business resilience. The main purpose of the study, therefore, was to look into the compliance institute and its application in the environmental context and, more precisely, in Disaster Law, as well as to find out what role it plays in the management cycle of environmental disasters. and the adoption of governance and sustainability practices within companies in the mining sector. In line with the Line of Research “Society, New Rights and Transnationalization”, of the Graduate Program in Law at UNISINOS, this thesis was methodologically anchored in the trinomial basic theory, procedure and technique, choosing as a theoretical matrix that of the Law of disasters. Consisting of a descriptive and qualitative research, the thesis was also based on a deductive approach, under the systemic-constructivist perspective, combined with the use of the method of monographic procedure and the technique of bibliographical research, associated with documental analysis. The study was divided into three chapters, the first of which was intended to understand the notions of risk, especially that of a catastrophic nature, and the way in which they can be managed, especially in light of the circular risk management proposed within the scope of Disaster Law. In the second chapter, special attention was devoted to 'mining activity and the risks it produces, including an approach to recent disasters involving this sector and the imminence of a new Social Responsibility to be implemented in mining companies, combining the multiple dimensions of sustainability. Finally, the third chapter focused on the compliance institute and its impact on Environmental Law and Disaster Law, seeking seeking to discover how it could be inserted in the circular management of disasters, considering the particularities of mining activity. And in view of the study carried out, it was possible to conclude that Environmental Compliance can promote the adequacy of the mining activity to ethical, legal, technical-scientific and sustainability standards, in addition to enabling environmental risk management along the same lines as the cyclical risk management standard of disasters, anticipating each stage, always with the aim of preventing or at least mitigating the consequences of a harmful event.