The Fiscal Imperative and the Role of Public Prosecutors in Brazilian Environmental Policy

Abstract

The main characteristic of the general policy-making process in Brazil is the dominance of a fiscal imperative that leads the president to use his/her substantial powers to pursue monetary stability and fiscal responsibility. The fiscal imperative means that environmental policy is only attended to if the macroeconomic constraint permits. However, Brazilian public prosecutors exert a significant countervailing constraint that impedes the president from simply pushing environmental policy to the sidelines. This article describes the role of the public prosecutors in the environmental policy process and provides statistical analysis supporting the claim that their involvement exerts a positive effect on environmental policy outcomes.

Tracking presidents and policies: environmental politics from Lula to Dilma

“…From 1995 to 2002, not a single new position was advertised, and by the end of the period, most personnel and projects were handled with short-term contracts (Abers and Oliveira 2015: 17). In a national budget that has many political and statutory rigidities, environmental spending is one of the few areas that can be cut to meet budget targets (Mueller 2010). Even though the agency was raised to ministerial status as early as 1985, the institutions were reshuffled so frequently that little institutionalization was possible (Hochstetler and Keck 2007: 38-39).…”

Naming and Shaming for Conservation: Evidence from the Brazilian Amazon

“…One of the reasons for the increased effectiveness of field-based enforcement has been an intense collaboration between the Brazilian Environmental Protection Agency (IBAMA) and the state-level Public Prosecutors (MP’s in its Portuguese acronym). MP’s have been shown to exert positive effects on environmental policy outcomes by enhancing legal coercion [ 8 ]. Especially in the state of Pará, the MP’s have been involved in enforcing property embargoes issued by IBAMA, where for example the MP’s have engaged with meat packers and supermarket chains that were previously purchasing beef from illegal sources [ 5 ].…”

IS THERE A LATIN AMERICAN AGRICULTURAL GROWTH PATTERN? FACTOR ENDOWMENTS AND PRODUCTIVITY IN THE SECOND HALF OF THE 20TH CENTURY

“…It is important to recognise, as already stated in section 2, that the empirical approach used has some caveats, which is why we are required to take careful precautions when considering the conclusions that may arise from the analysis carried out. 25 In fact, the inadequate management of the environmental conditions in Brazil has frequently resulted in economically inefficient, socially inequitable and environmentally devastating outcomes (Mueller 2009). Pollution and deforestation rates have been high and ill-defined and insecure property rights have led to diverse difficulties for investment (Alston et al 1999).…”