A Critical Analysis of Environmental Compliance: Brazilian Law 5442/2019 Project

Abstract

This article aims to examine the environmental compliance in the Brazilian legislation 5.442 / 2019. To achieve this objective, the article delves into the themes of environment, sustainable development, and sustainability, providing a conceptual and contextual foundation for the analysis. Additionally, the article explores the concept of social responsibility, which gains importance in the practical scenario, particularly in the context of ethical business practices. The article also highlights the challenges of applying ethical principles in social responsibility due to the occurrence of corrupt practices by managers. As a result, it argues that measures and mechanisms must be put in place to ensure compliance and to prevent harmful events. The article proposes that compliance can align an organization's values and objectives through a risk management approach. It further argues that compliance with environmental regulations is essential for economic activities that may harm the environment. In Brazil, Law 5.442 / 2019 aims to enforce environmental compliance and is still pending approval in the Chamber of Deputies. The justification for this law is the ecological disasters that occurred in Mariana and Brumadinho, both in the State of Minas Gerais, which led to the development of internal mechanisms and procedures for compliance, auditing, and reporting irregularities. The article concludes that the analysis of Project Law 5,442 / 2019 is critical for understanding the voluntary adherence of companies and corporations in Brazil to responsible socio-environmental management. The article emphasizes that the implementation of social responsibility practices should be guided by ethical principles and that compliance mechanisms should be enforced to prevent future ecological disasters. Therefore, the article suggests that the Brazilian government should ensure the approval of Law 5.442 / 2019 and develop additional measures to promote environmental compliance among businesses. Ultimately, this will contribute to the preservation of the environment and promote sustainable development practices in the country.