INTEGRATION OF SINEFA AND CNS IN THE IDENTIFICATION OF FUNCTIONAL NON-COMPLIANCES OF EFAS IN PERU 2020-2022

Abstract

This article is prepared within the framework of a doctoral thesis, and its objective is to make a proposal to integrate the National Environmental Assessment and Control System (hereinafter, SINEFA) and the National Control System (hereinafter, SNC) in the identification of the functional non-compliance of the Environmental Enforcement Entities (hereinafter, EFAs), to ensure that there are no reprocesses, thereby allowing environmental management to be improved in the country.

By virtue of this, it is necessary to describe the SINEFA, especially the functions performed by the governing body when it supervises the EFAs; Likewise, conceptualize the SNC, whose governing authority executes the control services, placing greater emphasis on the control services that determine alleged functional administrative responsibility of civil servants.

In the investigation carried out, it has been verified that during the period 2020 to 2022 the Environmental Assessment and Supervision Body-OEFA has issued 1,080 supervision reports in which it identified year after year alleged non-compliance in the environmental oversight functions of the EFA, the which were referred to the Comptroller General of the Republic-CGR, showing that no report was used as input for the preparation of a subsequent control service that determines an alleged functional non-compliance, which demonstrates the dissociation that exists between state entities.