1. Antonio Herman Benjamin
CAN THE LEGAL SYSTEM DEFEAT A CULTURE OF NON-COMPLIANCE? LESSONS FROM BRAZIL
Antonio Herman Benjamin

2. Scope of Session 4
New and emerging instruments that can reduce the administrative costs of monitoring and enforcement
The role of the public and the courts, including personal liability for non-compliance and collective access to justice

3. LESSONS FROM BRAZIL
Assessment of environmental regulation, compliance and enforcement
Where we fail
Non-classical instruments
My final message

4. Assessment of ECE in Brazil
Comprehensive legal framework
ECE gap and public demand
Heterogeneous institutional capacity and enforcement
Diversity of stakeholders
Insufficient data generation and management

5. Where We Fail Mix model, green and brown sectors
Fear of innovation and copying syndrome
Treatment of environmental regulation as a separate entity
Over-centralization and decentralization
Lack of reciprocal feedback
Complexity and costs of the enforcement chain

6. Non-Classical Instruments: Perspectives and Limitations
Forest Legal Reserve
Reversal of the burden of proof
Criminal liability for corporations and environmental officers
Creative application of non-environmental legal instruments
Environmental public prosecutors
Non-classical: some of the mechanisms that I have on the slide are very classical in any legal system; here non-classical means instruments which were not widely used in the outset of the environmental State.
Double nature of compliance: compliance by the regulated community and compliance by state officers.
Role of criminal law in LDC
Affects both large and small polluters
Has a strong stigma
An enforcement system in place in the whole country
Can be combined in a creative way with civil mechanisms

7. My Final Message There is no ECE paradise
Richness and diversity of environmental instruments
We have a lot to learn from each other
Non-classical: some of the mechanisms that I have on the slide are very classical in any legal system; here non-classical means instruments which were not widely used in the outset of the environmental State.
Double nature of compliance: compliance by the regulated community and compliance by state officers.
Role of criminal law in LDC
Affects both large and small polluters
Has a strong stigma
An enforcement system in place in the whole country
Can be combined in a creative way with civil mechanisms