THE [IN] ADEQUACY OF ENVIRONMENTAL IMPACT ASSESSMENT FOR THE MANAGEMENT OF ENVIRONMENTAL RISKS IN COMPANIES

Abstract

Contextualization: In order to fulfill the constitutional duty of protecting environmental equilibrium, companies must employ environmental risk management instruments to prevent or, at the very least, mitigate the environmental risks arising from their production processes. The scientific research's importance lies in the fact that the choice of environmental risk management instrument to be employed within the framework of corporate governance in companies is of paramount importance to avoid or mitigate the threefold environmental liability to which they are exposed.

Objective: The present study aims to elucidate whether Environmental Impact Assessment (EIA) proves to be efficient, effective, and efficacious in fulfilling the duty of protecting environmental equilibrium.

Methodology: To this end, analyses were carried out regarding environmental risk and environmental harm, from the perspective of the socio-environmental role of companies in contemporary society, the necessity for a new corporate approach, and the question of the suitability or unsuitability of EIA as a model for managing environmental risks and harms in companies. The deductive approach method was employed, with research conducted using the bibliographic procedure method, involving searches in books, scientific articles, and legislations.

Results: The result indicates the inefficacy, ineffectiveness, and lack of efficacy of EIA for environmental risk management and, consequently, for fulfilling the duty of protecting environmental equilibrium by companies.